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USDA

- United States Department of Agriculture
July 31, 2013
Tierra Del Sol Farms, LLC
Establishment 45247
7791FM192
Fort Hancock, TX 79839
Attention
NOTICE OF SUSPENSION
HAND DELIVERED
CERTIFIED - RETURN
RECEIPT REQUESTED
7011 3500 000 l 4967 7706
This letter confirms the verbal notification provided by Dr. Samuel Dragoi, Deputy District
Manager, on July 31, 2013, that the Food Safety Inspection Service (FSIS) was, effective
immediately, suspending the assignment of inspectors covering the slaughter of animals at Tierra
Del Sol Farms, LLC, Establishment 45247, Fort Hancock, Texas.
At 8 a.m., July 31, 2013, was observing the first
goat slaughter of the day when a plant employee attempted to stun an animal using an electronic
stunner. After the stun was delivered, the animal jumped; retaining consciousness. The
employee then attempted to render the animal unconscious using a captive bolt stunning device.
This time the animal did fall to the floor, but attempted to regain its footing, still conscious. A
third and final stun was applied using the captive bolt stunner and the animal was rendered
unconscious. She discussed the incident with ou, and slau hter operations were voluntarily
halted. -notified of the incident, then placed
U.S. Rejected Tag on the knock box.
This egregious act does not meet the regulatory requirements of the Code of Federal Regulations
(CFR) Title 9, Part 313.30(a), which states, Administration of electric current, required effect;
handling. ( 1) The electric current shall be administered so as to produce, at a minimum, surgical
anesthesia, i.e., a state where the animal feels no painful sensation. The animals shall be either
stunned or killed before they are shackled, hoisted, thrown, cast, or cut. They shall be exposed
to the electric current in a way that will accomplish the desired result quickly and effectively,
with a minimum of excitement and discomfort
9 CFR 313.l 5(a)(l) states, The captive bolt stunners shall be applied to the livestock in
accordance with this section so as to produce immediate unconsciousness in the animals before
they are shackled, hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner
that they will be rendered unconscious with a minimum of excitement and discomfort. Further,
actions taken clearly showed that your establishment failed to handle and/or slaughter animals
humanely, as required in the Humane Methods of Slaughter Act of 1978, Title 7, Section 1902
which states in part, all animals are rendered insensible to pain by a single blow or gunshot ...
Food Safety and Inspection Service
Office of Field Operations
Dallas District Office
1100 Commerce Street, Room 516
Dallas, TX 75242
Voice 214-767-9116 Fax 214-767-8230
An Equal Opportunity Provider and Employer
Tierra Del Sol Farms, LLC
July 31, 2013
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The suspension of the assignment of inspectors will remain in effect until such time as you
provide adequate written assurance to this office of corrective actions and preventive measures to
assure that the handling and/or slaughter of animals will be done humanely and
in accordance with the Federal Meat Inspection Act (FMIA), 21 United States Code (USC)
610(b), and the regulations promulgated therein.
You may submit your corrective and preventive actions to my attention at the Dallas District
Office.
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 inhumane
slaughter. Please be advised that your failure to respond adequately to these rules may result in
our initiating action to withdraw inspection from your establishment.
In accordance with 9 CFR 500.5(a)(5), you may appeal this action by contacting:
Executive Associate for Regulatory Operations
USDA/FSIS/OFO
Room 3154-S South Building
1400 Independence Avenue SW
Washington, DC 20250
Telephone: 202-720-3697
Fax Number: 202-690-3287
In addition, you may request a hearing regarding this determination pursuant to FSIS's Rules of
Practice (9 CFR Part 500). The Rules of Practice were published in the Federal Register,
Volume 64, Number 228, on November 29, 1999. As specified in Section 500.5(d), 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, you should contact:
Director
Enforcement and Litigation Division
Office of Investigation, Enforcement and Audit
Food Safety and Inspection Service
United States Department of Agriculture
Stop Code 3753, PP3, Cubicle 8-243A
1400 Independence Avenue, SW
Washington, DC 20250
Telephone: 202-418-8872
Fax Number: 202-245-5097
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Tierra Del Sol Farms, LLC
July 31, 2013
any contac
-at214-767-
Respectfully,
Jennifer Beasley-McKean, DVM
District Manager
San Angelo, TX
Inspector in Charge, Establishment 45247, Fort Hancock, TX
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Tierra Del Sol Fanns, LLC
July 31, 2013
I received a copy of this Notice of Suspension dated July 31, 2013, on
Date
Responsible Plant Official Signature of FSIS Witness
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