Food Safety and 

Inspection Service May 16, 2023

Electronically Submitted on May 16, 2023

FedEx Tracking: 7721 6154 0592

Office of Field Operations

Philadelphia District 

Mellon Independence 

Center,

701 Market Street Suite 

4100-A 

Philadelphia, PA 19106

Mr. Mark Zimmerman, Vice President

Hoffer’s Ligonier Valley Packing, inc. (Est. M4025)

582 Darlington Road

Ligonier, Pennsylvania 15658 

hofferpacking@gmail.com

(724) 238-7112 

NOTICE OF SUSPENSION

Attention: Mr. Mark Zimmerman, Vice President

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 Hoffer’s 

Ligonier Valley Packing Inc, M4025, located at 582 Darlington Road, Ligonier 

Pennsylvania 15658. This letter follows verbal notification of the suspension 

action, provided by Mr. George Slobodjian, Deputy District Manager (DDM), to 

establishment management personnel, , at approximately 

1300 hours on May 16, 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

(b) (6)
An Equal Opportunity Provider and Employer

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 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

On Tuesday, May 16 at approximately 1115 hours, the Consumer Safety Inspector (CSI) 

was on the slaughter floor at EST M4025 and observed the first two hogs of the day that 

had been moved into the stunning box. The first one was stunned effectively with an 

electric stun to the head. The animal was then shackled and hoisted to about 3-4 feet 

above the ground and moved over to the bleeding area, but prior to being stuck for 

bleeding the hog regained consciousness. The CSI observed the animal start to squeal 

repeatedly, raising its head and performing a righting reflex, and showing coordinated leg 

movements in a digging motion. The hoist operator moved the conscious hog back down 

into the stunning pen and the stunning operator used the electric stunner to perform an 

effective stun to render the hog unconscious, and it remained so thereafter. The second 

hog was not injured at any point in this process. This establishment has a written robust 

systematic approach to humane handling but was not following it at this time. The CSI 

informed establishment personnel of the noncompliance, and that he needed to contact

his supervisor for instructions; and tagged the stunning box with U.S. Reject tag number 

B40488595.

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

and the Merits of a Systematic Approach to Meet Such Requirements" (69 Fed. Reg. 

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

"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
An Equal Opportunity Provider and Employer

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 Acts. Evidence 

demonstrates your failure to meet regulatory requirements addressed in 9 CFR 

313.30(a)(1) and (4), and 313.2(f), 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 

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:

Alexander Domesle

Executive Associate for Regulatory Operations 

Office of Field Operations

Food Safety and Inspection Service
An Equal Opportunity Provider and Employer

United States Department of Agriculture 

SB, Room 3160 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: alexander.domesle@usda.gov

Phone: (202) 807-9826 

Pursuant to 9 C.F.R. 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 

Stop Code 3753, SB - Room 2148 

1400 Independence Avenue, SW 

Washington, DC 20250

Telephone: (202) 418-8872

Facsimile: (202) 245-5097

E-mail: AEBCorrespondence@usda.gov

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

Slobodjian, DDM, via electronic mail at george.slobodjian@usda.gov or by telephone at 

267-807-7546. Additionally, you can contact the Philadelphia District Office at (800) 

637-6681or by fax at (215) 597-4217. 

Sincerely,

GEORGE 

SLOBODJIAN

Mr. Jason Orlando

District Manager

. 

Digitally signed by GEORGE 

SLOBODJIAN

Date: 2023.05.16 15:48:49 -04'00'