Western Neb. meat exec says officials are trying to force him to do what he was already doing

Neb. meat exec says he welcomes inspection lawsuit

OMAHA, Neb. — The owner of a western Nebraska meat business isn’t sure what more he needs to do to comply with federal meat inspection rules, but he hopes the matter can be resolved now that federal prosecutors are involved.

Mark Gies said he learned in 2007 that his business was violating meat inspection rules and that he has been working the U.S. Department of Agriculture since then to resolve the issue. But Gies said he hasn’t been able to get his hazard-control plan approved, partly because USDA officials haven’t returned to his business since December.

USDA officials did not immediately respond to a message Friday.

On Tuesday, Nebraska’s U.S attorney asked a federal judge to order Gies and his Marky’s Meat Market business in Gering to comply with meat inspection rules.

No one has questioned the quality or safety of the meat Gies sells, but prosecutors say that in 2006-2009 the business exceeded the federal threshold on how much uninspected meat could be sold commercially. For instance, the business sold $204,513.37 of meat to non-household customers in 2008, when the limit was $56,900.

Businesses must also sell at least 75 percent of their meat to consumers to remain exempt from inspection rules. Prosecutors say this sort of case often involves grocers whose commercial meat business grows enough to violate the rules.

Gies said Friday that he wasn’t aware of the limits on commercial sales until 2007 when a USDA official told him. Gies’ business buys meat from federally inspected meat plants, processes it further and sells it to consumers and restaurants.

To continue selling his products to restaurants, Gies needs to have an inspector at his business for a couple hours a day when he’s preparing those products. But before USDA will assign an inspector, Gies says he has to get his hazard-control plan approved.

Gies said he made some repairs to his business and tweaked his hazard-control plan after one review from inspectors, but he hasn’t been able to get them to return and evaluate his updated plan.

“I feel like I’ve done everything the USDA has asked to come into compliance,” Gies said.

Assistant U.S. Attorney Bob Homan declined to comment on what has happened in the past between Gies’ business and the USDA because prosecutors just recently got involved.

Homan, who oversees the U.S. attorney’s civil division in Nebraska, said prosecutors know Gies’ business has violated the inspection rules, and the court filing is designed to remedy that.

“The statute is in place to protect the consuming public,” Homan said.

Once Gies’ has his plan to control hazards at his business approved, there should not be a problem getting an inspector to his business even though no inspectors are currently stationed nearby.

“USDA will commit an inspector to monitor his operation once he comes under compliance,” Homan said.