| Public Health Service Food and Drug Administration |
| PHILADELPHIA DISTRICT 900 U.S. Customhouse 2nd and Chestnut Street Philadelphia, PA 19106 Telephone: 215-597-4390 |
Department of Health and Human Services
WARNING LETTER
11-PHI-06
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
February 15, 2011
Mr. Jesse R. Petre Farm, Owner
1215 Mason Dixon Road
Greencastle, PA 17225
Dear Mr. Petre:
On January 12, 2011, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy farm operation located at 1215 Mason Dixon Road, Greencastle, PA. This letter notifies you of the violations of the Federal Food, Drug, and Cosmetic Act (the Act) that we found during our investigation of your operation. You can find the Act and its associated regulations on the Internet through links on FDA’s web page at www.fda.gov.
We found that you offered for sale, an animal for slaughter as food that was adulterated. Under section 402(a)(2)(C)(ii) of the Act, 21 U.S.C. 342(a)(2)(C)(ii), a food is deemed to be adulterated if it bears or contains a new animal drug that is unsafe under section 512 of the Act, 21 U.S.C. 360b. Further, under section 402(a)(4) of the Act, 21 U.S.C. 342(a)(4), a food is deemed to be adulterated if it has been held under insanitary conditions whereby it may have been rendered injurious to health.
Specifically, our investigation revealed that on or about January 14, 2010, you sold a veal calf, identified with back tag (b)(4) for slaughter as food. On or about January 15, 2010, (b)(4) slaughtered this animal. United States Department of Agriculture, Food Safety and Inspection Service (USDA/FSIS) analysis of tissue samples collected from this animal identified the presence of 7.37 parts per million (ppm) of neomycin in the kidney tissue, and 0.11 ppm of flunixin in the liver tissue. FDA has established a tolerance of 7.2 ppm for neomycin, and 0.125 parts per billion (ppb) for flunixin in the uncooked edible tissues of cattle as codified in Title 21, Code of Federal Regulations (C.F.R.), (21 C.F.R. 556.430(b)(1); 556.286(b)(1)). The presence of these drugs in edible tissues from this animal in these amounts cause the food to be adulterated within the meaning of section 402(a)(2)(C)(ii) of the Act, 21 U.S.C. § 342(a)(2)(C)(II).
Our investigation also found that you hold animals under conditions that are so inadequate that medicated animals bearing potentially harmful drug residues are likely to enter the food supply. For example, you failed to maintain treatment records. Food from animals held under such conditions is adulterated within the meaning of section 402(a)(4) of the Act, 21 U.S.C. § 342(a)(4).
The above is not intended to be an all-inclusive list of violations. As a producer of animals offered for use as food, you are responsible for ensuring that your overall operation and the food you distribute is in compliance with the law.
You should take prompt action to correct the violations described in this letter and to establish procedures to ensure that these violations do not recur. Failure to do so may result in regulatory action without further notice such as seizure and/or injunction.
You should notify this office in writing of the steps you have taken to bring your firm into compliance with the law within fifteen (15) working days of receiving this letter. Your response should include each step that has been taken or will be taken to correct the violations and prevent their recurrence. If corrective action cannot be completed within fifteen (15) working days of receiving this letter, state the reason for the delay and the time frame within which the corrections will be completed. Please include copies of any available documentation demonstrating that corrections have been made.
Your written response should be sent to Robin M. Rivers, Compliance Officer, United States Food and Drug Administration, United States Customs House, Room 900, 200 Chestnut Street, Philadelphia, PA 19106. If you have any questions about this letter, please contact Ms. Rivers at 215-717-3076.
Sincerely,
/s/
Kirk D. Sooter
District Director
Philadelphia District Office
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