CMC Commodity Transport Inc. 5/12/10

Department of Health and Human Services	Public Health Service Food and Drug Administration
	Alanta District Office 60 Eighth Street N.E. Atlanta, GA 30309

May 12, 2010

VIA UNITED PARCEL SERVICE

WARNING LETTER
(10-ATL-14)

C. Michael Chewning, Owner
CMC Commodity Transport Inc.
4304 Hunting Creek Church Road
Hamptonville, North Carolina 27020

Dear Mr. Chewning:

An inspection of your animal feed transporting operation located at 4304 Hunting Creek Church Road in Hamptonville, North Carolina was conducted by a representative of the U. S. Food and Drug Administration (FDA) on February 8 & 9, 2010. We obtained additional evidence during visits to one of your customers, (b)(4) in (b)(4) North Carolina, on Februray 4 and 10, 2010. Our investigation confirmed that you delivered cottonseed to (b)(4) on November 23, 2009, which was adulterated under sections 402(a)(3), (21 U.S.C. 342(a)(3)) and 402(a)(4), (21 U.S.C. 342(a)(4), of the Federal Food, Drug, and Cosmetic Act (the Act). You can find the Act and its associated regulations on the Internet through links in FDA's web page at www.fda.gov.

On November 23, 2009, one of your trailers (#78-6073) picked up a load of shredded tire chips at (b)(4). This same trailer was then used on November 23 to pick up a load of (b)(4) tons of cottonseed from (b)(4) (b)(4) which was then delivered to (b)(4). On November  24, 2009, your firm delivered another load of (b)(4) tons of cottonseed to (b)(4) which was placed on top of the previous day's delivery.

Our investigator examined this cottonseed at the dairy and found it to contain foreign contaminants which resembled tire pieces or shredded tires. This cottonseed had also been sampled by the North Carolina Department of Agriculture and Consumer Services in Raleigh, North Carolina, who found the cottonseed to contain pieces of rubber tires and wire. You indicated to our investigator that it had been your company's practice to use your trailers to haul both feed products and non feed products in the same trailer. You also indicated that your driver should have either cleaned the trailer between the above loads or visually verified that that the tire chips were no longer in the trailer prior to loading the cottonseed. However, it was noted that there was no written procedure in place for cleaning trailers prior to hauling loads of feed. A review of your shipping records revealed that you had made similar deliveries of food items immediately after using the trailer for hauling shredded tires on at least four other occasions since December 2009.

Cottonseed is a food in accordance with section 201(f) of the Act, (21 U.S.C. 321 (f)) as it is an article used for food for animals. Cottonseed is used as a component of a feed ration which is fed to cows. The cottonseed which contained pieces of shredded tires is adulterated under 402(a)(3) of the Act , (21 U.S.C. 342(a)(3)), in that it consisted in part of any filthy, putrid, or decomposed substance, or was otherwise unfit for food. Using the same trailer to collect food and non food products led to the adulteration of the cottonseed under 402(a)(4) of the Act, 21 U.S.C.342(a)(4), in that the cottonseed had been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or rendered injurious to health. Pursuant to section 301(a) of the Act, (21 U.S.C. 331(a)), the introduction into interstate commerce of any food that is adulterated is prohibited. Also pursuant to section 301(b) of the Act, (21 U.S.C. 331 (b), the adulteration of food in interstate commerce is prohibited.

The above is not intended to be an all-inclusive list of violations. As a transporter of animal food, you are responsible for ensuring that your overall operation and the food you distribute are in compliance with the law.

You should take prompt action to correct the above violations and to establish procedures whereby such 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, state the reason for 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 Philip S. Campbell, Compliance Officer, at the address noted in the letterhead. If you have any questions about this letter, please contact Compliance Officer Campbell at (404) 253-1280.

Sincerely,

/s/

John R. Gridley
District Director
Atlanta District

cc: Jennifer L. Godwin, Feed Administrator
North Carolina Department of Agriculture and Consumer Services
Food and Drug Protection Division
1070 Mail Service Center
Raleigh, North Carolina 27699

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