USDA 

iiiiii United States Department of Agriculture 

Lexington, VA 24450 

540-463-2333 

(b) (6)

December 13, 2023 

Donald’s Meat Processing, LLC 

M39968 ELECTRONIC MAIL on DECEMBER 13, 2023 

194 McCorkle Drive 

@gmail.com 

Attention: Rosalea Potter, Manager/Owner 

NOTICE OF REINSTATEMENT 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 reinstate the suspension of the assignment 

of Inspection Program Personnel (IPP) at Donald’s Meat Processing, LLC, M39968, located at 

194 McCorkle Drive, Lexington, VA

(b) (6)

 24450. This letter follows verbal notification of the 

suspension action, provided by , CSI, to Rosalea Potter, Plant Manager, at 

approximately 1342 hours on December 13, 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 
Rosalea Potter, Plant Manager Notice of Reinstatement of Suspension 

Donald’s Meat Processing, LLC December 13, 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 

On 12/13/2023 at approximately 0928 hours, Inspection Program Personnel (IPP) observed the 

ineffective stun of two (2) lambs. Both lambs were brought to the stunning area and secured in 

the lamb stand. The employee attempted to stun the first lamb using a .22 caliber rifle, but the lamb 

remained standing. The employee then moved to the second lamb and attempted to stun it using 

the same .22 caliber rifle. Following the stun attempt, the 2nd lamb remained standing and the 

employee chambered another cartridge in the same .22 rifle. He then administered an immediate 

second stun which rendered the second lamb unconscious. The employee then moved back to the 

first lamb and administered a second stun using the same .22 rifle, which rendered the lamb 

unconscious. The Inspector in Charge (IIC) placed US Retain/Reject tag # B30899130 on the 

knock box. Observation of the lambs’ skulls revealed that for the first lamb, both shots were in the 

proper location, but one shot appeared to be angled incorrectly. For the second lamb, both shots 

were properly placed but were too close together to determine exact angle of the projectile’s entry. 

This incident represents noncompliance with 9 CFR 313.16(a)(1), which states, in part: “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.” This incident is considered egregious because the 

employee failed to recognize consciousness in the first animal and failed to administer an 

immediate corrective action following the ineffective stun. 

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. 
Rosalea Potter, Plant Manager Notice of Reinstatement of Suspension 

Donald’s Meat Processing, LLC December 13, 2023 

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

discretion when an inhumane handling or slaughter incident is observed. You do not currently 

maintain a written humane handing program for consideration. 

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), 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: 

Sherri Johnson 

Executive Associate for Regulatory Operations 

Office of Field Operations 

Food Safety and Inspection Service 

United States Department of Agriculture 

SB, Room 3154 

1400 Independence Avenue, SW 

Washington, DC 20250 

Email: sherri.johnson@usda.gov 

Phone: 202-379-6196 
Rosalea Potter, Plant Manager Notice ofReinstatement ofSuspension 

Donald's Meat Processing, LLC December 13, 2023 

Pursuant to 9 CFR 500.5(d), you may also request a hearing regarding this dete1mination. 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 dete1mination, please contact: 

Scott C. Safian, Director 

Enforcement Operations Staff (EOS) 

Office ofInvestigation, Enforcement and Audit (OIEA) 

Food Safety and Inspection Service 

United States Deprutment 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, please contact Todd Furey via telephone at 919-326-5281 or via 

electronic mail at todd.furey2@usda.gov. Additionally, you can contact Raleigh District Office 

at 919-844-8400 or by fax at 844-839-6359. 

Sincerely, 

Digitally signed by ARIAL 

ARIAL GUPTON ~~:;~~3.12.n 14:20:10 

-os·oo· 

Todd Furey 

District Manager 
Rosalea Potter, Plant Manager Notice ofReinstatement ofSuspension 

Donald's Meat Processing, LLC December 13, 2023 

cc: S. Johnson, EARO/FO 

L Ho1ie1i RD/CID/OIEA 

, HHEC/FO 

y, 0 

-R. Mmphy, DDM/RDO/FO 

M. Roling, DDM/RDO/FO 

A. Gu ton, DDM/RDO/FO 

DCS/RDO/FO 

DVMS/RDO/FO 

, SEIAO/RDO/FO 

, Program ManagerNDACS 

, fuspection ManagerNDACS 

Supe1visorNDACS 

State Public Health VeterinarianNDACS 

State Public Health VeterinarianNDACS 

IIC/VDACS 

Quaiierly Enforcement Repo1i 

Establishment File (Est. M39968)