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U.S. Department of Health and Human Services

Animal & Veterinary

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CONSENT DECREE IN TISSUE RESIDUE CASE

FDA Veterinarian Newsletter 2002 Volume XVI, No III

On December 18, 2001, in the United States District Court for the Northern District of Ohio, Eastern Division, a Consent Decree of Permanent Injunction was signed by Martin D. Yoder, doing business as Martin D. Yoder Livestock. Mr. Yoder was enjoined from introducing adulterated food into interstate commerce because he sold for slaughter cattle that contained unsafe new animal drugs.

During the period January 1998 to February 2001, Mr. Yoder was responsible for delivering to slaughter 38 animals with excessive levels of new animal drugs in their edible tissues. Some of the drugs found included flunixin meglumine, tetracycline, penicillin, streptomycin, sulfadimethoxine, and gentamicin sulfate. Under the consent decree, Mr. Yoder must establish and implement a system that identifies each animal that he purchases for delivery to slaughter with an appropriate tag number. He further must obtain signed written statements from the sellers of the animals as to whether the animal is "medicated". In addition, he must establish and implement a written record-keeping system documenting any drugs that are administered to the animals, when administered and by whom, the withdrawal period of each drug, and the date the animal is sold or delivered for sale or slaughter. These records must be maintained for at least two years.