| Public Health Service Food and Drug Administration |
New York District |
Department of Health and Human ServicesAugust 25, 2011
WARNING LETTER NYK 2011-32
VIA UNITED PARCEL SERVICE
Mr. John G. Borer, Owner
Mr. John M. Borer, Dairy Manager
Edelweiss Farms, Inc.
10826 Osmun Road
Freedom, New York 14065-9765
Dear Mr. Borer:
On April 6 and 28, 2011, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy operation located at 10826 Osmun Road, Freedom, New York 14065-9765. 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 Act and its associated regulations on the Internet through links on FDA's web page at www.fda.gov.
We found that you adulterated the new animal drug flunixin meglumine (Flunazine, Injectable Solution, ANADA#200-387). Specifically, the investigation revealed that you did not use flunixin as directed by the approved labeling. Use of the drug in this manner is an extralabel use. See Title 21, Code of Federal Regulations, Section 21 C.F.R. 530.3(a), 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. Part 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 flunixin meglumine injectable solution (ANADA #200-387) to one of your dairy cows identified with farm tag (b)(4) (sale tag (b)(4)) without following the dose and withhold times as stated on the veterinarian's prescription labeling. Your extralabel use of flunixin was not under the supervision of a licensed veterinarian, in violation of 21 C.F.R. 530.11(a). Because your use of this drug was not in conformance with its approved labeling and did not comply with 21 C.F.R. Part 530, 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 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 Patricia A. Clark, Compliance Officer, U.S. Food and Drug Administration, 300 Pearl Street, Suite 100, Buffalo, New York 14202. If you have any questions about this letter, please contact Compliance Officer Patricia A. Clark at (716) 551-4461 X 3168 or Email at patricia.clark@fda.hhs.gov.
Sincerely yours,
/s/
Ronald M. Pace
District Director
New York District
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