United States Department of Agriculture

SENT VIA UPS & ELECTRONIC EMAIL 7 AUGUST 2013

(b) (6)
Bartel's Packing Establishment 497 M/ P-497 88091 Central Rd. Eu ene OR 97402 (b) (6) bartelsnw.com

NOTICE OF INTENDED ENFORCEMENT

(b)a (6) De rThis serves as official notification by the Food Safety Inspection Service (FSIS) of its intent to withhold the marks of inspection and suspend the assignment of Inspection Program Personnel (IPP) for products produced under the Slaughter HACCP category at Bartel's Packing (Est. 497 M/P) located in Eugene, OR. The decision is made in accordance with the Rules of Practice 9 CFR 500.2(a)(4). Background Authority The Federal Meat Inspection Act (FMIA) (21U.S.C.610) and the Humane Methods of Slaughter Act (7 U.S.C. 1907-1906) considers any slaughter or handling in connection with slaughter of cattle, sheep, swine, and goats in any manner not in accordance with the Act of August 27, 1958, a Prohibited Act. These Acts give FSIS the authority, as desiguated by the Secretary of the Department of Agriculture, to prescribe rules and regulations describing humane handling requirements for federally inspected slaughter establishments. Under the authorities of these Acts, FSIS has prescribed rules and regulations for establishments producing meat products, including the requirements pertaining to humane handling of livestock (9 CFR Part 313 .2). FSIS has also developed Rules of Practice regarding enforcement (9 CFR Part 500). The Rules of Practice describe the types of enforcement action 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 Federal Inspection.
Food Safety and Inspection Service Denver District Office
1 Denver Federal Center, Bldg. 45, PO Box 25387 Denver, CO 80225 (303) 236-9800 Fax (303) 236-9794
An Equal Opportunity Provider and Employer

Bartel's Packing, Establishment# 497 MIP

Notice ofIntended Errforcement

Findings/Basis for Action On 6 August 2013, an PSIS in-plant Supervisory Public Health Veterinarian (SPHV) at your establislunent observed the following humane handling event. A bull from a previous lot had become non-ambulatory in an adjacent pen, The ante mortem handler asked the SPHV if an electric prod could be used once to assist with moving the animal. After concurrence from the SPHV, an unsuccessful attempt was made to move the bull with the electric prod, The handler decided to euthanize the bull by rifle shot. A single shot was fired. Upon inspection by the SPHV, it was noted that the bull was bleeding out of its nostrils, but, the bull's head was up and the bull was conscious, The SPHV advised the handler to apply a second shot to ensure a proper stun/kill. The handler was under the impression that only one shot could be administered unless permission was obtained to administer a second shot. The SPHV requested the handler administer a second shot immediately. The handler did not have a back-up stunner or rifle available at the time, It took the handler 3-5 minutes to apply a successful stun/kill. A Regulatory Control Action (RCA) was taken on your firm's knocking box by the SPHV as per 9 CPR 500,2(a)(4). Plant management was immediately notified of the action taken at which time they proceeded to provide the SPHV with the establishment's Humane Handling Plan and training records, The Denver District Office and a District Veterinary Medical Specialist (DVMS) were contacted. After review of the firm's written Humane Handling Plan, prior Humane Handling Verification Visit reports, and plant history, the RCA was lifted and the firm was allowed to resume slaughter operations. The above cited incident leaves the Agency without assurance that the establislunent' s Humane Handling Plan is adequate to ensure livestock are humanely handled as defined in 21 U.S.C. 610 and 7 U.S.C. 1901-1906. In accordance with PSIS' Rules of Practice, 9 CPR 500.4, we are notifying you of our intent to withhold the mark of inspection and suspend the assigmnent of inspectors at your facility if no corrective actions and/or preventive measures to prevent the recurrence are taken. Please provide the Denver District Office a written response within three (3) working days from the receipt of this letter, no later than close of business 12 August 13. Your response should include corrective actions and/or preventative measures taken for deficiencies found in your Humane Handling plan, and any modification you made, or plan to make, to your other programs and recordkeeping procedures. PSIS will evaluate your response and will determine if further administrative enforcement actions will be necessary.
If you have any questions regarding this matter, please contact the Denver District Office at (303) 236-9800.

An Equal Opportunity Provider and Employer

Bartel's Packing, Establishment# 497 MIP

Notice ofIntended Enforcement

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(b) (7)(C)

FO/QER Reader file Est. file K. Green, aDM R. Reeder, DDM S Wa

An Equal Opportunity Provider and Employer