USDA

ae)
United States Department of Agriculture

May 23, 2023
National Beef Packing Co., L.L.C. ELECTRONIC MAIL on May 22, 2023
M208A FEDEX TRACKING 7722 2477 2124

1501 East 8" Street, Liberal, KS 67905
dennis.boyles@nationalbeef.com
(620) 624-1851

Attention: Dennis Boyles, Plant Manager
NOTICE OF DEFERRAL

On May 16, 2022, the Food Safety and Inspection Service (FSIS) issued a Notice of Intended
Enforcement (NOIE) to Est. M208A, National Beef Packing Co., L.L.C, located at 1501 East 8"
Street, Liberal, KS 67905. The NOIE informed you of our intent to withhold the mark of inspection
and suspend the assignment of inspection personnel with prior notification for your Slaughter
Hazard Analysis and Critical Control Point (HACCP) processes. The decision to institute this
enforcement action was in accordance with Title 9 Code of Federal Regulations (9 CFR), Part 500.3
(b) (Rules of Practice) based on the determination that your establishment did not handle or
slaughter animals humanely and comply with the FSIS regulatory requirements as set forth in 9
CFR 313.15(a)(1).

On May 17, 2023, you requested to discuss concerns with the NOIE. On May 18, 2023, after
discussing the concerns, you verbally requested and were granted an extension to the response
until close of business on May 22, 2023. On May 22, you provided a written (and final) response
(Action Plan) to the NOIE.

After analyzing your Action Plan, including all information and revisions, FSIS has determined
that your establishment has addressed all the issues identified in the NOIE. At this time, FSIS
will defer the decision on any further enforcement action pending the assessment and verification
of your plan’s implementation by FSIS inspection personnel to determine regulatory compliance.
A copy of FSIS’s Verification Plan is being shared with you to assist in understanding the nature
and importance of the Agency’s verification activities. This FSIS Verification Plan is designed to
verify that your establishment fully implements the corrective actions identified in your Action
Plan, and that the measures proffered are effective in assuring ongoing regulatory compliance. It
identifies the regulatory noncompliance, your actions, and FSIS verification procedures.

Please be advised that your failure to comply with the regulatory requirements, to implement the
corrective actions identified in the Action Plan, and/or failure to notify this office in writing of
any changes to the Action Plan may result in our initiating further regulatory action as deemed
necessary at the time. During this period of deferral, any changes made to the Action Plan
need to be submitted to this office for review and comment prior to you putting the changes
into place. FSIS inspection program personnel will notify the Frontline Supervisor and the


Dennis Boyles, Plant Manager Notice of Deferral
National Beef Packing Co., L.L.C., M208A May 23, 2023

District Office immediately when modifications are made to the Action Plan and your
establishment fails to notify this office.

If you have any questions, please contact Dr. Evan Sumner via telephone at 479-717-5023 or via
electronic mail at evan.sumner@usda.gov. Additionally, you can contact Springdale District
Office at 479-751-8412 or by fax at 479-751-4739.

Jeffery Barham
District Manager

ce: Mr. Paul Wolseley, EARO

Mr. Jeffery Barham, DM
PO Handling Enforcement Coordinator

Mr. Shaun Smith, OIEA Regional Director
Dr. Don Dowdle, DDM
Dr. Evan Sumner, DDM

Dr. Daran (Curtis) Stovall, DDM
CS: 10
GRE 4 cting SEIAO
DCS

VMS
FLS
SPHV, at M208A
FO/Quarterly Reports

Page 2 of 2


FSIS Verification Plan
National Beef Packing Co., L.L.C. (M208A)
Background that led to enforcement action (Bkgd)
Related Regulations (Reg)
Establishment Action Plan (AP)
Related Establishment Records (Rec)
FSIS Verification Activity (VA)
Frequency of Verification Activity (Freq)
Related PHIS Task (PHIS)

As in NR LLGO910052516N, IPP observed an establishment employee attempt to stun an animal three times with
a compressed air captive bolt . The animal strenously shook its head back and forth and eyes tracking after each

oe attempt. The establishment supervisor was able to sucessfully render the animal unconsious with the fourth
attempt.
Reg 9 CFR 313.5(a)(1)
The establishment modiified their Robust Systematic Animal Welfare Program to include a criteria that "Knocking
vp1 AP employee(s) observed mis-knocking cattle resulting in an egregious event are removed from all knocking
responsibilities until re-trained and reassessed by Crop. Tech Services."
Rec Robust Systematic Animal Welfare Program
ari Verify through review and observation that the establishment is following its Robust Systematic Animal Welfare

program including modifications.
Freq Daily on each shift when slaughtering.
PHIS Livestock Humane Handling

As in NR LLGO910052516N, IPP observed an establishment employee attempt to stun an animal three times with
acompressed air captive bolt . The animal strenously shook its head back and forth and eyes tracking after each
attempt. The establishment supervisor was able to sucessfully render the animal unconsious with the fourth
attempt.
9 CFR 313.5(a)(1)
The establishment retrained all knocking employees, operation management, QA techs, and QA management
4P (with responsibilities in monitoring knocking) were retrained on their responsibilities of stunning cattle at the
VP2 restrainer.
Rec Knocker Retraining (Revised February 6, 2023)
Verify through record review that all knocking employees, QA techs, QA management, or operational
management with responsibilities in monitoring knocking were retrained initially. Verify through record review
that any newly hired/promoted employees for knocking or QA techs, QA management or operational
management with responsibilities in monitoring knocking are trained.
Freq Initially and then every two weeks.
PHIS Livestock Humane Handling

Bkgd

Ret

8

3

8

VA

As in NR LLGO910052516N, IPP observed an establishment employee attempt to stun an animal three times with

a compressed air captive bolt . The animal strenously shook its head back and forth and eyes tracking after each

attempt. The establishment supervisor was able to sucessfully render the animal unconsious with the fourth

attempt.

9 CFR 313.5(a)(1)

The establishment modiified their Robust Systematic Animal Welfare Program to include a criteria that "Knocking

AP employee(s) observed mis-knocking cattle resulting in an egregious event are removed from all knocking
responsibilities until re-trained and reassessed by Crop. Tech Services."

Rec Robust Systematic Animal Welfare Program

Verify that the establishment modified their Robust Systematic Animal Welfare Program to include the criteria

that any ineffective knocking attempts resulting in an egregious event are removed from knjocking responsibilities

until retrained and reassessed.

Freq Once

PHIS Livestock Humane Handling

Bkgd

Rec

ty

vp3

Vv

SS