United States Department of Agriculture

April 24, 2023

Towson Cold Storage ELECTRONIC MAIL on April 24, 2023

EST. M18731 FEDEX TRACKING NUMBER:

301 South Ridge Ave. 771942760523 

Tifton, GA 31794 

@gmail.com

(229) 388-3242

Attention: Mr. Bill Towson, Plant Manager

NOTICE OF SUSPENSION

This letter serves as official notification by the Food Safety and Inspection Service (FSIS) of our 

decision to withhold the federal marks of inspection and suspend the assignment of Inspection 

Program Personnel (IPP) at Towson Cold Storage, M18731, located at 301 South Ridge Ave, 

Tifton, GA 31794. This letter follows verbal notification of the suspension action, provided by Dr. 

Edward Hepburn, Atlanta Deputy District Manager, to Mr. Bill Towson, Plant Manager at 

approximately 1:04 PM April 20, 2023. This action includes your Slaughter Hazard Analysis 

Critical Control Point (HACCP) processes 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 of Practice 500.3(b), based on the determination 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 the regulatory requirements (9 CFR Part 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 Secretary of Agriculture, to prescribe rules 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 marked, labeled, stamped, or tagged as inspected 

and passed, to prevent the entry of adulterated products into commerce. Furthermore, the FMIA 

provides FSIS the authority to appoint inspectors 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

(b) (6)
Mr. Bill Towson, Plant Manager 

Towson Cold Storage, M 18731 April 24, 2023

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

This Notice of Intended Enforcement is based upon your establishment being in violation of 9 

CFR 313.15 (a)(1), 9 CFR 313.15 (a)(2), 9 CFR 313.15(b)(1)(iii), 9 CFR 313.15(b)(1)(iv), 9 CFR

313.16 (a) (1), 9 CFR 313.16 (a) (2), 9 CFR 313.16 (a) (3), 9 CFR 313.16 (b) (1) (i), 9 CFR 313.16

(b) (1) (ii), 9 CFR 313.16 (b) (1) (iii), 9 CFR 313.16 (b) (1) (iv), and 9 CFR 313.16 (a) (2).

9 CFR 313.15(a)(1) states: The captive bolt stunners shall be applied to the livestock in accordance 

with this section so as to produce immediate unconsciousness in the animals before they are 

shackled, hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner that they 

will be rendered unconscious with a minimum of excitement and discomfort. 

9 CFR 313.15(a)(2) states: The driving of the animals to the stunning area shall be done with a 

minimum of excitement and discomfort to the animals. Delivery of calm animals to the stunning 

areas is essential since accurate placement of stunning equipment is difficult on nervous or injured 

animals. Among other things, this requires that, in driving animals to the stunning areas, electrical 

equipment be used as little as possible and with the lowest effective voltage. 

9 CFR 313.15(b)(1)(iii) states: The stunning area shall be so designed and constructed as to limit

the free movements of animals sufficiently to allow the operator to locate the stunning blow with 

a high degree of accuracy. 

9 CFR 313.15(b)(1)(iv) states: The stunning operation is an exacting procedure and requires a 

well trained and experienced operator. He must be able to accurately place the stunning 

instrument to produce immediate unconsciousness. 

9 CFR 313.16 (a)(1) states: The firearms shall be employed in the delivery of a bullet or projectile 

into the animal in accordance with this section so as to produce immediate unconsciousness in the 

animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The animal shall be shot 

in such a manner that they will be rendered unconscious with a minimum of excitement and 

discomfort.

9 CFR 313.16 (a)(2) states: The driving of the animals to the shooting areas shall be done with a 

minimum of excitement and discomfort to the animals. Delivery of calm animals to the shooting
Mr. Bill Towson, Plant Manager 

Towson Cold Storage, M 18731 April 24, 2023

area is essential since accurate placement of the bullet is difficult in case of nervous or injured 

animals. Among other things, this requires that, in driving animals to the shooting areas, electrical 

equipment be used as little as possible and with the lowest effective voltage. 

9 CFR 313.16 (a) (3) states: Immediately after the firearm is discharged and the projectile is 

delivered, the animal shall be in a state of complete unconsciousness and remain in this condition 

throughout shackling, sticking and bleeding. 

9 CFR 313.16 (b)(1)(i) states: On discharge, acceptable firearms dispatch free projectiles or 

bullets of varying sizes and diameters through the skull and into the brain. Unconsciousness is 

produced immediately by a combination of physical brain destruction and changes in intracranial 

pressure. Caliber of firearms shall be such that when properly aimed and discharged, the 

projectile produces immediate unconsciousness. 

9 CFR 313.16 (b)(1)(ii) states: To assure uniform unconsciousness of the animal with every 

discharge where small-bore firearms are employed, it is necessary to use one of the following type 

projectiles: Hollow pointed bullets; frangible iron plastic composition bullets; or powdered iron 

missiles. When powdered iron missiles are used, the firearms shall be in close proximity with the 

skull of the animal when fired. Firearms must be maintained in good repair. For purposes of 

protecting employees, inspectors and others, it is desirable that all firearms be equipped with 

safety devices to prevent injuries from accidental discharge. Aiming and discharging of firearms 

should be directed away from operating areas. 

9 CFR 313.16 (b)(1)(iii) states: The provisions contained in §313.15(b)(1)(iii) with respect to the 

stunning area also apply to the shooting area. 

9 CFR 313.16 (b)(1)(iv) states: The shooting operation is an exacting procedure and requires a 

well-trained and experienced operator. He must be able to accurately direct the projectile to 

produce immediate unconsciousness. He must use the correct caliber firearm, powder charge and 

type of ammunition to produce the desired results. 

9 CFR 313.16 (b)(2) states: Choice of firearms and ammunition with respect to caliber and choice

of powder charge required to produce immediate unconsciousness of the animal may vary 

depending on age and sex of the animal. In the case of bulls, rams, and boars, small bore firearms 

may be used provided they are able to produce immediate unconsciousness of the animals. Small 

bore firearms are usually effective for stunning other cattle, sheep, swine, and goats, and calves, 

horses, and mules. 

Specifically, on Tuesday April 18, 2023, at approximately 1145 hours during routine slaughter of 

swine IPP observed the following humane handling non-compliance at Towson Cold Storage 

establishment # M18731. Plant personnel attempted for approximately 10 minutes to move the 

first hog (large aggressive barrow) into the stunning area with both a paddle and a hot shot device. 

Pig was poked in both the abdomen and thoracic cavity. Pig was vocalizing while being prodded 

with both hot shot and paddles. Barrow was agitated and aggressively biting at the employees and 

at the prods and vocalizing. The barrow was brought into the stunning area and plant personnel 

attempted to stun the animal using a .22 caliber long rifle. Plant employee aimed the firearm at the
Mr. Bill Towson, Plant Manager 

Towson Cold Storage, M 18731 April 24, 2023

frontal anatomical location on pig. IPP remained away from where forearm was being discharged 

due to safety concerns. IPP did not visualize the anatomical location where the animal was being 

shot. This was due to safety concerns with the firearm. The barrow did not go down after the first 

attempted stun and continued to stay standing with blood seen dripping from both nostrils. He did 

not vocalize.

The bullet was jammed inside the rifle and plant personnel needed to exit the stunning area/room 

to retrieve a tool to get it unjammed. This took 4 minutes. A second shot with the .22 long rifle 

was administered to the barrow. The animal was not stunned, continued to stand, and vocalized. 

50 seconds elapsed and a third shot with the .22 long rifle was administered to the hog. The barrow 

did not go down, remained standing, and vocalized. 45 seconds elapsed and the fourth shot with a 

captive bolt was administered to the hog. The hog did not go down, remained standing, and 

vocalized. 50 seconds elapsed and a fifth shot with the .22 long rifle was administered to the hog. 

The hog did not go down, remained standing, and continued to vocalize. 1:00 minute elapsed and 

a sixth shot was administered with the .22 long rifle to the hog, and this shot successfully rendered 

the animal unconscious. Plant management indicated this shot was directed from behind the ear 

towards the opposite eye. Operations were stopped and U.S. reject tag #B38708372 was applied 

to the stunning area to prevent any additional animals from being slaughtered. Plant management 

was verbally made aware of the halt in operations. Upon postmortem inspection four entry holes 

were seen. The establishment has a Robust Systemic Approach for humane handling of livestock, 

but it was not effectively implemented to prevent the noncompliance. 

On September 9, 2004, FSIS published "Humane Handling and Slaughter Requirements and the 

Merits of a Systematic Approach to Meet Such Requirements" in the Federal Register (69 FR 

54625). On September 24, 2020, FSIS released FSIS Directive 6900.2 Revision 3, entitled, 

"Humane Handling and Slaughter of Livestock." Additionally, on October 23, 2013, FSIS 

introduced new guidance, titled "FSIS Compliance Guide for a Systematic Approach to the 

Humane Handling of Livestock." Within the guidance material is information intended to better 

ensure the humane treatment of livestock presented for slaughter. The guidance material provides 

a set of practices designed to minimize excitement, discomfort, and accidental injury regarding the 

humane handling of livestock to include the four components of a robust systematic approach to 

humane handling. 

When an establishment maintains a robust humane handling program, FSIS can exercise regulatory 

discretion when an inhumane handling or slaughter incident is observed. Although your 

establishment has previously developed and implemented a systematic approach to humane 

handling that was considered robust, you have failed to effectively implement your program 

accordingly.

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 313.15 (a)(1), 9 CFR 313.15 (a)(2), 9 CFR
Mr. Bill Towson, Plant Manager 

Towson Cold Storage, M 18731 April 24, 2023

313.15(b)(1)(iii), 9 CFR 313.15(b)(1)(iv), 9 CFR 313.16 (a) (1), 9 CFR 313.16 (a) (2), 9 CFR

313.16 (a) (3), 9 CFR 313.16 (b) (1) (i), 9 CFR 313.16 (b) (1) (ii), 9 CFR 313.16 (b) (1) (iii), 9 

CFR 313.16 (b) (1) (iv), and 9 CFR 313.16 (a) (2), 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. 

Appeal and Hearing Rights

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

Melissa Moore,

Executive Associate for Regulatory Operations 

Office of Field Operations

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 344-E 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: melissa.moore1@usda.gov

Phone: (202)-450-0330 

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this determination. 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 determination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS)

Office of Investigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Department of Agriculture