USDA

... United St ates Department of Agriculture 

Pi ersville Pennsylvania 18947 

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Electrnnically Submitted on Janmuy 19, 2024 

FedEx Tracking:7748 7162 0747 

January 19, 2024 

Mr. Ephraim Stoltzfus, Establishment Owner 

Kingdom Provisions, LLC (Est. M53882) 

5960 Durham Road 

kingdomprovisions22@gmail.com 

Phone: (215) 206-2120 

NOTICE OF SUSPENSION 

Attention: Mr. Ephraim Stoltzfus, Owner 

This letter se1ves as official notification by the Food Safety and Inspection Se1vice (FSIS) 

of our decision to withhold the federal mar·ks of inspection and suspend the assignment of 

Inspection Program Personnel (IPP) at Kingdom Provisions, LLC (Est. M53882), located 

at 5960 Durham Road, Pipersville, Pennsylvania 18947. 

This letter follows verbal notification of the suspension action, provided by Mr. Joseph 

Schein, Deputy District Manager (DDM) to Ms. Amber Pressley, Plant Manager, at 

approximately 1605 hours on January 18, 2024. This action includes your Slaughter Hazard 

Analysis Critical Control Point (HACCP) process employed at your establishment. 

The decision to institute this enforcement action is in accordance with Title 9 of the Code 

of Federal Regulations (CFR), Rules ofPractice 500.3(b), based on the detennination that 

your establishment did not handle or slaughter animals humanely. The evidence 

demonstrates failure to comply with the Federal Meat Inspection Act (FMIA) (21 U.S.C. 

603), the Humane Methods of Slaughter Act (HMSA) (7 U.S.C. 1901 et seq.), and 

regulato1y requirements (9 CFR Pait 313). 

Background/ Authority 

The FMIA (21 USC 601 et seq.) provides it is essential to the public interest that the health 

and welfare of consumers be protected, by assuring meat products distributed to them are 

wholesome, not adulterated, and properly marked, and labeled. The Act gives FSIS the 

authority, as designated by the Secretaiy of Agriculture, to prescribe rnles and regulations 

describing sanitation requirements for inspected establishments and provide FSIS program 

personnel the authority to refuse to allow meat/meat food products to be mar·ked, labeled, 

stamped, or tagged as inspected and passed, to prevent the entiy of adulterated products 

into commerce. Fmt he1more, the FMIA provides FSIS the authority to appoint inspectors 

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to examine and inspect the method by which livestock are slaughtered and handled at 

slaughtering establishments. 

The HMSA provides that Congress finds that the use of humane methods in the slaughter 

of livestock prevents needless suffering; results in safer and better working conditions for 

persons engaged in the slaughtering industry; brings about improvement of products and 

economies in slaughtering operations; and produces other benefits for producers, 

processors, and consumers which tend to expedite an orderly flow of livestock and 

livestock products in interstate and foreign commerce. It is therefore declared to be the 

policy of the United States that the slaughtering of livestock and the handling of livestock 

in connection with slaughter shall be carried out only by humane methods. 

Under the authority of the Acts, FSIS has prescribed rules and regulations required for 

establishments slaughtering and handling livestock, as required by 9 CFR Part 313. FSIS 

has also developed the Rules of Practice regarding administrative enforcement, 9 CFR Part 

500. The Rules of Practice describe the types of enforcement actions that FSIS may take 

and include procedures for taking a withholding action and/or suspension, with or without 

prior notification, and for filing a complaint to withdraw a grant of inspection. Specifically, 

9 CFR 500.3(b) states that FSIS may impose a suspension without providing prior 

notification due to handling or slaughtering of animals inhumanely. 

Findings/Basis for Action 

At approximately 1230 hours, on January 18, 2024, while verifying truck unloading, the 

Consumer Safety Inspector (CSI) observed the truck driver and the plant manager, 

unloading approximately fourteen (14) beef animals from a gooseneck livestock trailer. 

The CSI was unaware that additional animals were on the second level of the trailer, and 

he returned to the USDA inspection office. While in the USDA inspection office, the CSI 

heard sheep vocalizing, he returned to observe the unloading of sheep that remained on the 

trailer after the beef were unloaded. The driver of the trailer was performing this unloading 

activity without the presence of the plant manager. The sheep were in the “nose” of the 

trailer, and when the CSI observed the unloading, most of the sheep had already jumped 

down to the floor of the trailer from the second level. 

The sheep were being made to jump approximately four (4) feet down to the floor of the 

trailer from the second level to the main floor. The first sheep observed by the CSI jumped 

down to the main floor with no issues. When the next sheep jumped down, it’s front feet 

buckled and it landed very hard on its head, doing a front flip (somersault), then rolling 

over onto its back. The sheep rolled to its belly, visibly stunned, and shaking. The CSI 

notified the driver to stop unloading the remaining sheep, but the driver was unable to. The 

remaining sheep jumped down but did not land on the fallen sheep. The fallen sheep rose 

to its feet unassisted, where the CSI observed that its left front leg was broken below the 

knee as it was holding it up off the ground. The sheep remaining on the main floor of the 

trailer jumped off the trailer to the ground, an approximate one (1) foot drop. The injured 

sheep was walking on three legs but followed the rest of the sheep in jumping off the trailer 

onto the ground and then to the holding pen in the barn. 

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The CSI questioned the driver, if any of the sheep were limping at the time of loading, and 

the driver affirmed that that some of them were limping at that time. The CSI asked how 

the driver had loaded the sheep and the driver said that he loaded them up the ramp using 

the decking system. The decking system was removed after loading to make room for the 

cattle. The CSI notified the plant manager of his observations and discussion with the 

driver. The plant manager informed the CSI that she had just been informed by the plant 

owner that the sheep had a broken leg prior to being loaded onto the trailer, however she 

was unaware of it during unloading., No accommodations had been made on the trailer for 

separation of the animal or for appropriate facilities or ramps provided for safe handling 

and unloading of any injured animals. 

The above findings indicate a failure to comply with the regulatory requirements of 9 CFR 

313.1(a)(b), and 313.2(d)(1). 

The establishment does not operate under a robust humane handling plan as they are in 

abeyance for a previous humane handling administrative enforcement action. 

Summary and Conclusion 

Provisions of the FMIA outline FSIS’ ability to refuse to render inspection and indefinitely 

withdraw inspection from an establishment, provided the establishment is afforded the 

right to an administrative hearing, when conditions exist where the slaughter and/or 

handling of livestock was not by a method in accordance with the Act(s). Evidence 

demonstrates your failure to meet regulatory requirements addressed in 9 CFR 313.1(a)(b) 

and 313.2(d)(1) constituting a violation of the humane slaughter requirements and 

supporting the conclusion that your handling of livestock violated the provisions of the 

FMIA and HMSA. 

Please provide a written response, inclusive of written corrective action and preventative 

measures, by addressing the following: 

• Evaluate and identify the nature, cause of the incident. 

• Describe the specific actions taken to eliminate the cause of the incident and 

prevent future recurrences. 

• Describe specific monitoring activities planned to ensure future compliance. 

• Provide any supporting documentation and records maintained and/or associated 

with the proposed corrective actions and preventative measures. 

A determination of further administrative action will be made upon receipt and review of 

your submitted corrective actions and preventative measures. You are reminded that, as an 

operator of a federally inspected establishment, you are expected to comply with FSIS 

regulations and to take appropriate corrective actions to prevent the production of or 

adulterated products at your establishment. Please be advised that your failure to respond 

adequately to these issues may result in our initiating action to withdraw inspection from 

your establishment. 

An Equal Opportunity Provider and Employer Page 3 of 4 
Appeal and Hearing Rights 

You have the right to appeal this matter and can do so by contacting: 

Melissa Moore 

Executive Associate for Regulato1y Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department ofAgriculture 

1400 Independence A venue, SW 

SB, Room 3160 

Washington, DC 20250 

Email: melis~a.gov 

Phone: -

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this detennination. 

Should you request a hearing, FSIS will file a complaint that will include a request for an 

expedited hearing. If you wish to request a hearing regarding this detennination, please 

contact: 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS) 

Office ofInvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Depaitment ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250 

Telephone: (202) 418-8872 

Facsimile: (202) 245-5097 

E-mail: AEBConespondence@usda.gov 

If you have any questions regarding this matter, please feel free to contact Mr. Joseph 

Schein, DDM, via electronic mail at joseph.schein@usda.gov or by telephone at (267) 355-

9761. Additionally, you can contact the Philadelphia District Office at (800) 637-6681. 

Sincerely, 

Digitally signgd by JASON JASON ORLANDO 

Dat g: 2024.01.19 ORLANDO 13:27:15 .05'00 

Mr. Jason Orlando 

District Manager 

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cc: 

Ms. Melissa Moore, EARO, FSIS, OFO, Washington D.C. 

Mr. Joseph Priore, RD, FSIS, OIEA, Northeast Region 

Mr. Jason Orlando, DM, FSIS, OFO, Philadelphia Disti·ict Office 

Mr. Joseph Schein, DDM, FSIS, OFO, Philadelphia Disu-ict Office 

Mr. George Slobodjian, DDM, FSIS, OFO, Philadelphia Disti·ict Office 

Dr. Chelsea Buckley, DDM, FSIS, OFO, Philadelphia Disu-ict Office 

DCS, FSIS, OFO, Philadelphia Disti·ict Office 

, SEIAO, FSIS, OFO, Philadelphia District Office 

, DVMS, FSIS, OFO, Philadelphia Disti·ict 

S, FSIS, OFO, Philadelphia Disti·ict 

, FLS, FSIS, OFO, Philadelphia Disti-ict 

Official Files Establishment Folder - Est. 53882 

FSIS - FO/Quarterly Enforcement Report