USDA

... 

Food Safety and 

Inspection Service 

Office of Field 

Operations 

Denver District Office 

1 Denver Federal 

Center, Bldg. 45 

P.O. Box 25387 

Denver, CO 80225 

Voice (303)236-9800 

Fax (303)236-9794 

United States Department of Agriculture 

December 4, 2023 

SENT VIA 

ELECTRONIC MAIL 

Todd Elsbeny, Owner 

Lacy Sanders, Plant Manager 

Alaska Meat Packers Inc., 

Establishment 20891 M/PN 

385 E. Outer Springer Loop 

Palmer AK 99645 

ail.com 

lacy@alaskameatpackers.com 

Attention: Mr. Elsbeny, Owner 

REINSTATEMENT OF SUSPENSION (ROS) 

This letter confinns the verbal notification provided to your establishment, Alaska 

Meat Packers Inc., Establishment M20891 , located in Palmer, AK on Monday, 

December 4, 2023, by the Food Safety Inspection Service (FSIS), Denver Disti·ict, of 

the reinstatement ofsuspension (ROS) ofthe assignment of inspectors and the 

withholding ofthe marks ofinspection at your establishment for slaughter 

operations. Dr. Robe1i Reeder, Disti·ict Manager, notified you ofthe suspension 

action. This action was initiated in accordance with Title 21 ofthe United States 

Code (USC), Section 603(b) and Title 9 ofthe Code ofFederal Regulations (CFR) 

Pali 500.3(b) (Rules ofPractice). 

Background Authority 

The Federal Meat Inspection Act (FMIA), 21 USC Section 603(b), provides for the 

pmpose ofpreventing the inhumane slaughtering oflivestock. The FMIA gives FSIS 

the authority, as designated by the Secretaiy ofthe Depaitment ofAgriculture, to 

prescribe rnles and regulations describing examinations and inspections of the 

method by which cattle, sheep, swine, goats, horses, mules, and other equines ai·e 

slaughtered in the establishments inspected under the FMIA. The FMIA also 

provides FSIS Program personnel the authority to suspend operations at a 

slaughtering establishment if FSIS finds that any cattle, sheep, swine, goats, horses, 

mules or other equines have been slaughtered or handled in connection with 

slaughter at such establishments by any method not in accordance with the Humane 

Methods ofSlaughter Act (HMSA) ofAugust 27, 1958 (72 Statute 862; Title 7 USC, 

Sections 1901-1906), until the establishment furnishes FSIS with satisfacto1y 

assurances that all slaughtering and handling in connection with the slaughter of 

livestock shall be in accordance with such methods. 
 

 

 

 

 

 

 

 

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

humane slaughtering of livestock, contained in Title 9 CFR Part 313. FSIS has also developed 

Rules of Practice regarding enforcement prescribed in 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, as well as the 

procedures for filing a complaint to withdraw a Grant of Federal Inspection. 

Findings/Basis for Action 

On Monday, December 4, 2023, the FSIS Consumer Safety Inspector (CSI) documented in a 

Noncompliance Record (NR) the following event at Est. M20891: 

“HATS Category VIII: Ineffective Stun 

On 12/4/23, at approximately 0835am, I observed the stun operator at Alaska Meat Packers Inc. 

ineffectively stun a cow (2-year-old Highland cross) with a hand-held captive bolt (HHCB) 

device in the stun box with a head catch. After the first ineffective stun attempt, I observed the 

cow bellowing, remain standing and fully conscious in the stun box with its head held upright, 

showing signs of controlled movement and labored breathing. The stun operator attempted to 

immediately stun the cow a second time with the backup HHCB device, which was ineffective, as 

the cow was still standing, bellowing and moving around in the stun box with its head in the 

head catch. At approximately, 0838am, the stun operator attempted a third stun with the HHCB 

device, which was still ineffective as the animal remained standing and continued bellowing. At 

approximately, 0840am, the manager vacated the slaughter floor to go retrieve a firearm (pistol) 

utilizing .38 special cartridges from the office. In the interim, I recommended to continue 

stunning the animal until insensible. The stun operator attempted a fourth stun to the cow with 

the HHCB device. The cow was no longer bellowing but remained standing and showed signs of 

consciousness with stagnant eye movement and blinking in response to touching of the eye. I 

instructed the stun operator to utilize the pistol for the next stun attempt. At 0843am, the stun 

operator discharged the pistol, rendering the cow unconscious. The animal showed no signs of 

being conscious and was immediately shackled and hoisted up on the rail, to bleed out. At 

approximately 0846 am, I applied U.S. Reject tag to the stun box with U.S. Rejected Tag NO. 

B35943884. The establishment management was verbally informed of the forthcoming 

noncompliance. 

Upon inspection of the split skull, two of the HHCB penetrating holes appeared to be within the 

target zone, whereas another two of the penetrating HHCB holes appeared to be too high. The 

firearm penetrating hole was within the target zone. 

The Denver District Management Team was notified through supervisory channels. There have 

been no noncompliance records issued within the past 90 days for the same root cause. This 

establishment was operating within the abeyance period for a Notice of Suspension for Humane 

Handling.” 

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Summary 

The decision to reinstate the suspension of the assignment of inspectors at your establishment is 

based on this noncompliance with 9 CFR 313.15(a)(1) and your establishment's humane 

handling noncompliance history. 

You were currently operating under the abeyance period for a Notice of Suspension issued on 

October 30, 2023, whereby your employee needed multiple stunning attempts with a HHCB 

device to render a cow unconscious. As your firm does not operate with a Robust Systematic 

Approach during the abeyance period of a humane handling enforcement action, regulatory 

discretion by the Denver District Office is not an option. 

The suspension of the assignment of inspectors will remain in effect until such time as you 

provide the Denver District Office adequate written corrective actions and preventative measures 

to ensure that livestock at your establishment are handled and slaughtered humanely, and in 

accordance with the FMIA, the HMSA and 9 CFR 313 regulations. 

These should include: 

• A written description of the incident. 

• The root cause of the incident. 

• Your immediate corrective actions. 

• Any training or retraining of employees you plan to provide, including materials 

you’re planning to use. 

• Any monitoring procedures, including any documentation records. 

In accordance with Title 9 CFR 500.5(a)(5), you may appeal this action by contacting: 

William Griffin 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3164 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: William.Griffin1@usda.gov 

Phone: (202) 961-7156 

In accordance with 9 CFR Part 500.5 (d), you may request a hearing concerning this action by 

contacting: 

Scott C. Safian 

Director, Enforcement Operations Staff 

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Office of Investigation, Enforcement and Audit 

Food Safety and Inspection Service 

United States Department ofAgriculture 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250 

Office: (202) 418-8872 

Fax: (202) 245-5097 

Ifyou have any questions regarding this matter, you may contact the Denver Disti·ict Office at 

(303)236-9800. 

Sincerely, 

ROBERT REEDER ~~i~signedbyROBERT 

Date: 2023.1 2.04 13:00:32 -0700 

Dr. Robert Reeder 

Disti·ict Manager 

USDA FSIS OFO 

Denver Disti·ict Office 

Robert.Reeder@usda.gov 

cc: FO/QER 

Est File 

D. James, DDM 

J. Monteverde, DDM 

J. VanHook, DDM 

FLS 

SPHV 

CSI 

DVMS 

EIAO 

, aFLS 

S. Smith, RD/OIEA 

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