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U.S. Department of Health and Human Services

Animal & Veterinary

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Consent Decree Against California Dairy

FDA Veterinarian Newsletter July/August 2003 Volume XVIII, No 4

On March 19, 2003, the United States District Court for the Central District of California entered a Consent Decree of Permanent Injunction against the defendant James Bootsma Jr., an individual, doing business as Jim Bootsma Jr. The Consent Decree is founded on the numerous illegal drug residues caused by the firm and the failure of Mr. Bootsma to maintain controls to prevent illegal residues in animals delivered for slaughter.

Jim Bootsma Jr. dairy livestock business is located in Lakeview, California. The business maintains a herd of approximately 2,000 animals, including a milking herd of about 1,500 cows. Since 1987, Jim Bootsma Jr. has engaged in the sale and consignment of cattle that are slaughtered for use as human food. Mr. Bootsma’s poor management practices have been the primary source of these illegal drug residues in spite of the relentless efforts by FDA, the U.S. Department of Agriculture (USDA), and the California Department of Food and Agriculture to gain compliance at this firm through inspections and written warnings.

Under the terms of the Consent Decree Mr. Bootsma agrees to be permanently restrained and enjoined from: (1) introducing or delivering for introduction into interstate commerce any livestock or their edible tissues; (2) administering to cattle any articles of new animal drug while held for sale after shipment in interstate commerce, except in a manner that conforms to such drug’s approved conditions for use or to the specific written instructions of a licensed veterinarian, until the corrective actions enumerated in the decree are established and implemented.

The FDA’s Los Angeles District Office conducted the investigation that led to this Consent Decree. Center for Veterinary Medicine Division of Compliance, the FDA’s Office of the Chief Counsel, and the United States Department of Justice Office of Consumer Litigation were responsible for the case processing and legal procedures.