`
`
`
` No.
`
`
`UNITED STATES OF AMERICA,
`
`
`
`v.
`
`
`(1) 1,576 LBS., MORE OR LESS, OF
`POULTRY CARCASSES;
`(2) 274 LBS., MORE OR LESS, OF
`CHICKEN FEET, HEADS, LIVERS,
`GIZZARDS & CARCASS TRIMMINGS;
`(3) 650 LBS., MORE OR LESS, OF A BEEF
`CARCASS & 2 BEEF HEADS; and
`(4) 600 LBS., MORE OR LESS, OF HOG
`CARCASSES,
`
`
`
`
` Plaintiff,
`
` Defendants in rem.
`
`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 1 of 13
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`
`
`
`
`
`VERIFIED COMPLAINT FOR SEIZURE AND CONDEMNATION
`(LIBEL OF INFORMATION)
`
`Plaintiff United States of America brings this civil seizure and condemnation action
`
`under 21 U.S.C. §§ 467b and 673 and in accordance with Rule C (“In Rem Actions”) of the
`
`Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (which
`
`supplement the Federal Rules of Civil Procedure), and avers as follows on information and
`
`belief:
`
`INTRODUCTION
`
`1.
`
`This action is brought in rem to enforce the provisions of 21 U.S.C. §§ 467b and
`
`673 for the seizure and condemnation of: (a) 1,576 pounds, more or less, of poultry (chicken)
`
`carcasses; (b) 274 pounds, more or less, of chicken feet, heads, livers, gizzards, and carcass
`
`trimmings; (c) 650 pounds, more or less, of a beef carcass and two beef heads; and (d) 600
`
`pounds, more or less, of hog carcasses. These defendant articles (a portion of which may be
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 2 of 13
`
`adulterated) have never been federally inspected, remain capable of use as human food, and (on
`
`information and belief) were intended for sale in commerce, all in violation of the Poultry
`
`Products Inspection Act (“Poultry Act” or “PPIA”), as amended (21 U.S.C. § 451 et seq.), and
`
`the Federal Meat Inspection Act (“Meat Act” or “FMIA”), as amended (21 U.S.C. § 601 et seq.).
`
`2.
`
`The Meat and Poultry Acts authorize the United States here to proceed against,
`
`seize, and condemn the defendant articles “on a libel of information,” with “the proceedings . . .
`
`[to] conform, as nearly as may be, to . . . proceedings in admiralty[.]” 21 U.S.C. §§ 467b(a)(1),
`
`(4); 21 U.S.C. §§ 673(a)(1), (4).
`
`JURISDICTION, THE PARTIES, AND VENUE
`
`3.
`
`The Court has jurisdiction over the subject matter and the in rem properties under
`
`28 U.S.C. §§ 1345 and 1355 and 21 U.S.C. §§ 467c and 674.
`
`4.
`
`The United States Department of Agriculture’s Undersecretary for Food Safety
`
`has delegated to the Administrator of USDA’s Food Safety and Inspection Service (“USDA
`
`FSIS”) the authority to administer and enforce the Meat and Poultry Acts.
`
`5.
`
`6.
`
`Plaintiff is the United States of America, on behalf of USDA FSIS.
`
`The defendant poultry, beef, and hog carcasses, chicken parts, and beef heads are
`
`all: (a) located at Miller’s Organic Farm, 648 Mill Creek School Road, Bird-in-Hand,
`
`Pennsylvania 17505; and (b) currently detained there by USDA FSIS as authorized under 21
`
`U.S.C. §§ 467a and 672.
`
`7.
`
`Amos Miller owns and operates Miller’s Organic Farm and resides at the farm
`
`address.
`
`
`
`2
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 3 of 13
`
`8.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1395, because
`
`violations of the Meat Act and the Poultry Act occurred—and the defendant articles are
`
`located—in Lancaster County, Pennsylvania, which is within this District.
`
`9.
`
`Plaintiff United States requests that the Court—upon the filing of this Complaint,
`
`and pursuant to Supplemental Rule C(3)(a)—issue an arrest warrant in rem, which the United
`
`States will execute upon the defendant articles under Supplemental Rule C(3)(b).
`
`FACTUAL ALLEGATIONS
`
`The Permanent Injunction Action and Order
`
`10.
`
`On April 19, 2019, the United States, on behalf of USDA FSIS, filed a complaint
`
`in the Eastern District of Pennsylvania to enjoin Miller’s Organic Farm (“Miller’s”) and Amos
`
`Miller from continuing, without federal inspection, to slaughter, process, prepare, sell, offer for
`
`sale, transport, and/or offer to transport in commerce meat, meat food products, and poultry
`
`products that are capable of use as human food. See USA v. Miller’s Organic Farm and Amos
`
`Miller, EDPA No. 19-cv-1435 (“the Injunction Action”), Dkt. Entry No. 1.
`
`11.
`
`In the Injunction Action, on November 19, 2019, the Honorable Edward G. Smith
`
`granted summary judgment in favor of the United States and permanently enjoined Amos Miller
`
`and Miller’s, as well as persons “in active concert or participation with them,” from violating the
`
`Poultry Act and the Meat Act. See Injunction Order, Dkt. Entry No. 44 in the Injunction Action,
`
`Exhibit “A” hereto, at ¶¶ 7, 25.
`
`12.
`
`In the Injunction Order, the Court specifically:
`
`a.
`
`Permanently enjoined defendants Amos Miller and Miller’s “from
`
`slaughtering livestock or poultry, and then preparing, processing, selling, transporting,
`
`and/or offering for sale or transport any meat, meat food products, or poultry products that are
`
`
`
`3
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 4 of 13
`
`required to be USDA-inspected and USDA-passed unless they have been so inspected and
`
`passed,” see Injunction Order at p. 4 ¶ 7(a) (bold added) and at p. 5 ¶ 8 (“[defendants] will not
`
`slaughter livestock or poultry, and then prepare or process meat, meat food products, or poultry
`
`products, until FSIS issues a Federal Grant of Inspection”);
`
`b.
`
`Permanently enjoined those defendants “from failing to comply with
`
`all requirements of the FMIA, PPIA, and their implementing regulations that apply to
`
`slaughtering livestock or poultry, and/or then preparing, processing, selling, transporting, or
`
`distributing meat, meat food products, or poultry products. These implementing regulations
`
`include, but are not limited to, those imposing requirements for: (i) inspection; (ii) labeling;
`
`(iii) sanitation (including sanitation performance standards and standard operating procedures);
`
`(iv) Hazard Analysis and Critical Control Point (HACCP) systems; and (v) Listeria
`
`monocytogenes and/or other pathogen sampling, testing, and other program obligations, as
`
`provided under 9 C.F.F. § 302.1 and 9 C.F.R. Parts 310, 317, 381, 412, 416, 417, 418, and 430,”
`
`see Injunction Order at p. 5 ¶ 7(d) (bold added);
`
`c.
`
`Ordered that those defendants must not conduct any slaughter, processing,
`
`or preparation under a “custom” exemption without first obtaining USDA FSIS and/or judicial
`
`approval of an “Exempt Plan” for such operations, see Injunction Order, at pp. 6-10 & ¶ 10; and
`
`d.
`
`Ordered that: (i) Amos Miller and Miller’s would be permitted to forgo
`
`applying for a USDA Federal Grant of Inspection only if they were to take to a federally
`
`inspected facility or facilities, for slaughter and processing, all of Miller’s livestock and poultry
`
`that are “amenable” (that is, subject to the Meat Act or Poultry Act), that are intended for human
`
`consumption, and that are not otherwise exempt; (ii) but even if such a federally inspected
`
`facility were to slaughter and process all such livestock and poultry, Miller’s further processing
`
`
`
`4
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 5 of 13
`
`of the products would have to be done “as an exempt retail store in accordance with 9 C.F.R.
`
`§§ 303.1(d) or 381.10(d),” which include the requirement, among others, that Miller’s comply
`
`with Commonwealth of Pennsylvania and local licensing requirements and applicable food
`
`codes. See Injunction Order at pp. 5-6, ¶ 9.
`
`13.
`
`In the Injunction Order, the Court further ordered and recognized that “authorized
`
`representatives of USDA FSIS may—in accordance with applicable laws and regulations—
`
`detain, and seek judicial seizure of, any non-federally-inspected, adulterated, misbranded, or not-
`
`exempt-from-inspection meat, meat food product, or poultry product observed at Miller’s
`
`Organic Farm that is in violation of 21 U.S.C. §§ 458, 461, 467c, 610, 674, or 676.” See
`
`Injunction Order at p. 11 ¶ 13; see also id. at p. 14 ¶ 21 (“This Order does not limit any rights or
`
`remedies available to the United States for any violation of the [Meat Act or the Poultry Act] and
`
`their respective regulations”); 21 U.S.C. §§ 467a, 672.
`
`14.
`
`The Court also ordered that: “Should enforcement proceedings beyond [the
`
`Injunction] Order be necessary, [Amos Miller and Miller’s] agree that the United States shall be
`
`entitled to recover from the[m] . . . all court costs and expenses incurred by FSIS in such
`
`proceedings, including investigation and preparation time and attorneys’ fees for the USDA and
`
`the United States Attorney’s Office.” See Injunction Order, at p. 13 ¶ 19 and p. 14 ¶ 20
`
`(providing that USDA FSIS’ expenses “include . . . investigation and preparation time, at the
`
`rate of $45.00 per hour per USDA employee”).
`
`The Consent Decree/Order and the First Condemnation Action
`
`15.
`
`As Amos Miller and Miller’s Organic Farm acknowledged in recitals in an April
`
`2020 Consent Decree in the Injunction Action, USDA FSIS investigators visited Miller’s in
`
`
`
`5
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 6 of 13
`
`December 2019 and January 2020 and found, among other violations of the Injunction Order,
`
`that:
`
`in December [2019], Miller’s slaughtered and processed
`‘amenable’ animals without federal inspection (Miller’s disposed
`of the resulting parts after FSIS ‘detained’ them . . .); [and] . . . in
`January [2020], Miller’s slaughtered additional beef animals
`without federal inspection (resulting in approximately 2,100
`pounds of beef carcasses), and custom-slaughtered a hog without a
`required custom-exempt plan (FSIS detained the resulting beef and
`hog carcasses, but later released the hog carcass for the owner’s
`personal use).
`
`See Consent Decree, Injunction Action Dkt. No. 67, Exhibit “B” hereto, at pp. 4-5 (further
`
`reciting and thereby conceding that the 2,100 pounds of detained beef carcasses were:
`
`(a) initially unlabeled; (b) capable of use as human food; (c) slaughtered or prepared without
`
`required USDA FSIS federal inspection; and (d) being—the investigators believed—offered or
`
`intended for sale).
`
`16.
`
`On February 10, 2020, the United States filed United States of America v. 2,100
`
`Pounds, More or Less, of Meat Carcasses, Parts of Carcasses, and Meat Food Products, and
`
`34,062 Pounds, More or Less, of Meat Food Products and Poultry Products, an in rem civil
`
`action docketed at EDPA No. 20-757 (“the First Condemnation Action”).
`
`17.
`
`In the First Condemnation Action:
`
`a.
`
`On February 20, 2020, the U.S. Marshals Service arrested/seized the
`
`defendant articles—including the “approximately 2,100 pounds of meat carcasses and parts that
`
`FSIS investigators observed and detained at Miller’s in January 2020”—“but left the articles in
`
`place (frozen and stored) at Miller’s pending a condemnation hearing,” see Consent Decree, at p.
`
`6; and
`
`
`
`6
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 7 of 13
`
`b.
`
`The United States “allege[d] that the defendant meat and poultry articles
`
`were subject to the [Meat and Poultry] Acts, were capable of use as human food, were
`
`slaughtered, processed, and/or prepared in violation of the Acts because without federal
`
`inspection, and were therefore prohibited from sale, offer for sale or transportation, or receipt for
`
`transportation in commerce.” Id.
`
`18.
`
`In the April 16, 2020 Consent Decree in the Injunction Action, the Court ordered,
`
`adjudged, and decreed in part that:
`
`a.
`
`Defendants Amos Miller and Miller’s Organic Farm had “engaged in
`
`conduct” as stated in the parties’ recitals “that violates the Acts and the Injunction Order,” see
`
`Consent Decree, at p. 8 ¶ 2;
`
`b.
`
`Those defendants were required to “cease and desist all meat-and-
`
`poultry-related slaughtering, processing, custom-exempt operations, and retail-exempt
`
`operations (including retail-exempt operations conducted under 9 C.F.R. §§ 303.1(d) and
`
`381.10(d)) unless and until defendants can demonstrate to FSIS compliance with applicable
`
`federal and State laws, including Commonwealth of Pennsylvania licensing requirements,
`
`as required by the Injunction Order,” see Consent Decree, at p. 8 ¶ 4 (bold added); and
`
`c.
`
`“Defendants must and shall remove from their websites and from their
`
`agents’ websites (including but not limited to Miller’s Facebook page, the Amos Miller Organic
`
`Farm website, and the Miller’s Organic Farm website) all references to the availability of ‘fresh’
`
`or ‘non-frozen’ meat, meat food products, poultry, and poultry products, until such time, and
`
`except to the extent, that Miller’s is in compliance with applicable federal and State laws,
`
`including Commonwealth of Pennsylvania retail licensing requirements.” See id. at p. 8 ¶ 5.
`
`
`
`7
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 8 of 13
`
`19.
`
`Paragraph 7 of the Consent Decree allowed Amos Miller and Miller’s a period to
`
`dispose of the 2,100 pounds of beef carcasses that those defendants had (in violation of the
`
`Injunction Order) slaughtered in January 2020. See Consent Decree at p. 12 ¶ 7. By no later than
`
`August 2020, those products had been distributed or disposed of under USDA FSIS’ oversight
`
`and with the consent of the interested parties, thereby mooting the need for a condemnation
`
`hearing and further proceedings in the First Condemnation Action. See Order, Docket Entry No.
`
`12 in the First Condemnation Action, at p. 4.
`
`USDA FSIS’ Post-Injunction-Order Investigative Findings and Product Detention
`
`20.
`
`Amos Miller’s and Miller’s violations of the Injunction Order, the Consent
`
`Decree, and the Acts have since continued.
`
`21.
`
`As of May 2021, Amos Miller and Miller’s have ceased taking their livestock and
`
`poultry to a federally inspected facility for slaughter. See Declaration of USDA FSIS Investigator
`
`Paul Flanagan (Flanagan Decl.), Exhibit “C” hereto, at ¶¶ 11-14, 23.
`
`22.
`
`On May 25, 2021, Amos Miller acknowledged to USDA FSIS investigators that
`
`he had been slaughtering livestock and poultry at Miller’s and that his employees were in the
`
`process of slaughtering chickens, which the investigators then observed. Id. at ¶¶ 12-14, 19
`
`(noting that Miller’s continued to slaughter hundreds of chickens for an additional seven hours
`
`after the investigators arrived on May 25, despite an investigator’s warning that Mr. Miller was
`
`in violation of the Court’s orders and that the slaughtered products would be detained).
`
`23.
`
`On that occasion, USDA FSIS investigators observed and placed under U.S.
`
`detention the following products that appeared recently slaughtered and that were void of any
`
`USDA inspection legend: (a) approximately 1,576 pounds of poultry (chicken) carcasses (to
`
`which the investigators affixed U.S. Detained Tag Numbers 129060, 129061, 129062, and
`
`
`
`8
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 9 of 13
`
`530782); (b) approximately 274 pounds of chicken feet, heads, livers, gizzards, and carcass
`
`trimmings (to which the investigators affixed U.S. Detained Tag Numbers 129055, 129056, and
`
`129057); (c) approximately 650 pounds of meat consisting of a beef carcass and two beef heads
`
`(to which the investigators affixed U.S. Detained Tag Numbers 129054 and 129058); and
`
`(d) approximately 600 pounds of hog carcasses (to which the investigators affixed U.S. Detained
`
`Tag Number 129059). See Flanagan Decl., at ¶¶ 16, 17, 18, and 20.
`
`24.
`
`None of those products that USDA FSIS observed and detained had any tags
`
`attached to them identifying the animals’ owners or indicating that the carcasses were “not for
`
`sale.” Id. at ¶ 17.
`
`25.
`
`Also on May 25, 2021, Mr. Miller told the USDA FSIS investigators that: (a) he
`
`did not have any records related to purchase of the livestock and poultry that USDA FSIS
`
`detained that day; (b) he did not have any records (including any sales invoices) relating to the
`
`purchase or sale of Miller’s livestock and poultry products more generally; and (c) the beef
`
`carcass belonging to a detained beef head had “probably” been further processed, cut up, and
`
`sold to his customers. See id. at ¶¶ 15, 22.
`
`26. When USDA FSIS investigators returned to Miller’s on May 28, 2021, they:
`
`(a) oversaw the freezing (to avoid spoiling) of the poultry and poultry parts that USDA FSIS had
`
`detained on May 25, 2021; and (b) approved Mr. Miller’s request to cut up the three detained
`
`hog carcasses into large pieces, place them in barrels, and move them to a freezer for storage in
`
`order to avoid spoilage. Id. at ¶ 24.
`
`27.
`
`On June 4, 2021, a USDA FSIS investigator, a USDA FSIS District Veterinary
`
`Medical Specialist, and a USDA FSIS Supervisory Veterinarian visited Miller’s to determine:
`
`
`
`9
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 10 of 13
`
`(a) the ages of the two detained beef heads; and (b) whether Specified Risk Materials (“SRMs”)
`
`had been removed from the associated beef carcasses. See Flanagan Decl. at ¶ 25.
`
`28.
`
`This was necessary because, if a meat food product that is intended for human
`
`consumption contains SRMs, then it is adulterated and unfit for human food. See 21 U.S.C.
`
`§ 601(m)(3); see also Flanagan Decl. ¶¶ 26, 30.
`
`29.
`
`During USDA FSIS’ examination of the two detained beef heads on June 4, 2021,
`
`USDA FSIS concluded that: (a) one was over 30 months old; (b) the other was under 30 months
`
`old; and (c) there was no way to determine which (if either) belonged to the detained beef
`
`carcass that was located in Miller’s cooler. See Flanagan Decl. ¶ 27.
`
`30.
`
`On that occasion, USDA FSIS observed skull, eye, spinal cord, and vertebral
`
`materials in the detained beef carcass and the detained beef heads that would be SRMs if
`
`associated with an animal over 30 months old. Id. ¶ 28.
`
`31.
`
`USDA FSIS thus has reason to believe that Miller’s may have prepared, offered
`
`for sale, sold, offered for transport, and/or transported, in commerce, adulterated meat product
`
`(i.e., meat product containing SRMs), including in connection with one or more of the defendant
`
`articles, in violation of 21 U.S.C. § 610(c)(1). See Flanagan Decl. ¶ 30.
`
`CLAIM FOR SEIZURE AND CONDEMNATION
`
`32.
`
`The United States incorporates by reference as if fully stated here the averments
`
`contained in Paragraphs 1 through 31 of this Complaint.
`
`33.
`
`The defendant poultry carcasses, chicken parts, single beef carcass, beef heads,
`
`and hog carcasses are subject to the provisions of the Meat Act and the Poultry Act because
`
`Miller’s Organic Farm and Amos Miller: (a) slaughtered and/or processed these articles, which
`
`
`
`10
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 11 of 13
`
`are capable of use as human food; (b) packaged and stored the articles; and/or (c) on information
`
`and belief, intended to offer for sale and/or sold the articles in commerce.
`
`34.
`
`In violation of 21 U.S.C. §§ 458(a)(1) and 610(a), as well as the Injunction Order
`
`and the Consent Decree, the defendant poultry carcasses, chicken parts, beef carcass, beef heads,
`
`and hog carcasses, which are capable of use as human food, were not slaughtered, processed,
`
`and/or prepared under federal inspection.
`
`35.
`
`The defendant poultry carcasses, chicken parts, beef carcass, beef heads, and hog
`
`carcasses—because they are capable of use as human food; because they were not federally
`
`inspected; and because defendants did not comply with federal and State laws that would entitle
`
`them to conduct custom-exempt or retail-exempt operations—are prohibited from sale, offer for
`
`sale or transportation, or receipt for transportation in commerce under: (a) 21 U.S.C.
`
`§§ 458(a)(2)(B) and 610(c)(2); (b) the Injunction Order; and (c) the Consent Decree.
`
`36.
`
`Based upon the facts set forth in the attached Declaration of USDA FSIS
`
`Compliance Investigator Paul J. Flanagan, the defendant poultry carcasses, chicken parts, beef
`
`carcass, beef heads, and hog carcasses are subject to seizure and condemnation.
`
`
`
`WHEREFORE, plaintiff United States of America respectfully requests the Court:
`
`A.
`
`In accordance with Supplemental Rule C(3)(a), to issue a warrant for the arrest in
`
`rem of the defendant carcasses (poultry, beef, and hog), chicken parts, and beef
`
`heads;
`
`B.
`
`To order that the defendant carcasses, chicken parts, and beef heads be
`
`condemned and that, at all times during the pendency of this civil action, the
`
`United States hold the articles at their current Miller’s Organic Farm location, for
`
`
`
`11
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 12 of 13
`
`disposition in accordance with 21 U.S.C. §§ 467b and 673 and Supplemental Rule
`
`E(4)(b);
`
`C.
`
`In accordance with Supplemental Rule C, to give notice to interested parties to
`
`appear and show cause why the seizure and condemnation should not be decreed;
`
`and
`
`D.
`
`To grant the United States enforcement costs and expenses, as well as such other
`
`and further relief as this Court may deem just and proper.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`JENNIFER ARBITTIER WILLIAMS
`ACTING UNITED STATES ATTORNEY
`
`
`
`/s/ Charlene Keller Fullmer, for
`GREGORY B. DAVID
`Assistant United States Attorney
`Chief, Civil Division
`
`_____________________________
`GERALD B. SULLIVAN
`Assistant United States Attorney
`PA I.D. No. 57300
`615 Chestnut Street, Suite 1250
`Philadelphia, PA 19106-4476
`(215) 861-8786
`(215) 861-8618 (fax)
`
`
`
`OF COUNSEL:
`Sheila H. Novak, Assistant General Counsel
`Tracey Manoff, Attorney
`Marketing, Regulatory, and Food Safety Programs Division
`Office of the General Counsel
`U.S. Department of Agriculture
`14th & Independence Ave., S.W. (South Bldg.)
`Washington, D.C. 20250-1400
`
`
`
`12
`
`

`

`Case 2:21-cv-02638-EGS Document 1 Filed 06/14/21 Page 13 of 13
`
`VERIFICATION
`
`
`I, Paul J. Flanagan, am a Compliance Investigator for the Compliance and Investigations
`
`
`
`Division, Office of Investigation, Enforcement, and Audit, Food Safety and Inspection Service. I
`
`am assigned to the investigation of this matter. I verify, under penalty of perjury, and as further
`
`stated in my attached Declaration, that the facts in the Verified Complaint in rem of the United
`
`States are true and correct to the best of my knowledge as of the June 14, 2021 date of filing of
`
`the Verified Complaint, and are based upon information obtained by me and other FSIS
`
`investigators during our investigation of Miller’s Organic Farm in our capacities as FSIS
`
`compliance investigators.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Paul J. Flanagan
`Compliance Investigator
`Compliance and Investigations Division
`Office of Investigation, Enforcement and Audit
`Food Safety and Inspection Service
`U.S. Department of Agriculture
`
`
`
`
`
`13
`
`