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U.S. Department of Health and Human Services

Animal & Veterinary

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Consent Decree Signed in Tissue Residue Case

January 25, 2001

On December 4, 2000, the judge for the United States District Court for the Eastern District of California signed a Consent Decree of Permanent Injunction against Heduino V. Brasil, an individual doing business as H & I Dairy, Tipton, California. This dairy was producing and selling cattle that contained excessive and illegal residues of antibiotic drugs in edible tissues. Some cattle that Mr. Brasil sold were adulterated because they contained unsafe new animal drugs and were held under insanitary conditions whereby they may have been rendered injurious to health.

The court order permanently enjoined Mr. Brasil and H & I Dairy from directly or indirectly introducing or causing to be introduced into interstate commerce, or delivering or causing to be delivered for introduction into interstate commerce, any food animals or their edible tissues, until the firm has come into compliance with the Federal Food, Drug, and Cosmetic Act, and fulfilled various regulatory requirements.

On December 14, 2000, an inspection of H & I Dairy was conducted by an investigator from FDA’s San Francisco District Office to determine the state of compliance with the provisions of the Consent Decree. The inspection revealed minor areas of concern which require corrective action. Based upon the findings of the inspection and the promise of immediate correction, the District Office authorized Mr. Brasil and H & I Dairy to begin selling cattle. FDA will periodically monitor the dairy. Any future violations of the Consent Decree could result in the initiation of civil or criminal contempt proceedings.

FDA’s San Francisco District Office conducted all investigative work for this case. CVM’s Division of Compliance, FDA’s Office of the Chief Counsel and the U.S. Department of Justice’s Office of Consumer Litigation handled the case processing, litigation and negotiation.


Contact FDA

240-276-9115 FAX
Issued by: FDA, Center for Veterinary Medicine

Communications Staff, HFV-12

7519 Standish Place

Rockville, MD 20855