| Public Health Service Food and Drug Administration |
Chicago District |
Department of Health and Human ServicesJune 29, 2011
WARNING LETTER
CHI-15-11
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Douglas R. Block
Hunter Haven Farms, Inc.
17990A Illinois Route 73
Pearl City, Illinois 61062
Dear Mr. Block:
On May 11 and May 24, 2011, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy farm located at 17990A Illinois Route 73, Pearl City, Illinois. This letter notifies you of the violations of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) that we found during our investigation of your operation. You can find the FD&C Act and its associated regulations on the Internet through links on the 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 FD&C 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 FD&C Act, 21 U.S.C. § 360b. Further, under Section 402(a)(4) of the FD&C 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 January 26, 2011, you sold a bob veal calf, identified with back tag (b)(4) for slaughter as food. On or about January 28, 2011, (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 penicillin at 0.33 parts per million (ppm) in the kidney tissue. FDA has established a tolerance of 0.05 ppm for residues of penicillin in the uncooked edible tissue of cattle as codified in Title 21, Code of Federal Regulations (C.F.R.), 556.510 (21 C.F.R. 556.510). The presence of this drug in edible tissue from this animal is that amount causes the food to be adulterated within the meaning of Section 402(a)(2)(c)(ii) of the FD&C 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 complete treatment records. Food from animals held under such conditions is adulterated within the meaning of Section 402(a)(4) of the FD&C Act, 21 U.S.C. § 342(a)(4).
We also found that you adulterated the animal drug (b)(4) NADA (b)(4). Specifically, our investigation revealed that you did not use penicillin as directed by its approved labeling. Use of this drug in this manner is an extralabel use. See 21 C.F.R. 530.3(a).
The extralabel use of approved animal or human drugs in animals is allowed under the FD&C Act only if the extralabel use complies with Sections 512(a)(4) and (5) of the FD&C Act, 21 U.S.C. §§ 360b(a)(4) and (5), and 21 C.F.R. 530, including that the use must be by or on the lawful order of a licensed veterinarian within the context of a valid veterinarian/client/patient relationship.
Our investigation found that you administered penicillin to a bob veal calf, identified with back tag (b)(4), without following the withdrawal period as indicated in its approved labeling. Your extralabel use of penicillin resulted in an illegal drug residue, in violation of 21 CFR 530.11(d). Your use of this drug was not in conformance with its approved labeling and did not comply with 21 C.F.R. Part 530, therefore you caused the drug to be unsafe under Section 512(a) of the FD&C Act, 21 U.S.C. § 360b(a), and adulterated within the meaning of Section 501(a)(5) of the FD&C Act, 21 U.S.C. § 351(a)(5).
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 above violations 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 Matthew Sienko, Compliance Officer, U.S. Food and Drug Administration, 550 West Jackson Blvd. 15th floor, Chicago, Illinois 60661. If you have any questions about this letter, please contact Mr. Sienko at 312-596-4213 or e-mail matthew.sienko@fda.hhs.gov.
Sincerely,
/s/
Scott J. MacIntire
District Director
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