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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Enforcement Actions

Box Canyon Dairy 14-Apr-03

Department of Health and Human Services' logo

Public Health Service
Food and Drug Administration

 


April 14, 2003
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
In reply refer to Warning Letter SEA 03-17

Jerimy Craig, Owner
Box Canyon Dairy
3492 South 1600 East
Wendell, Idaho 83355

WARNING LETTER

Dear Mr. Craig:

An inspection at your dairy located at 3492 South 1600 East, Wendell, Idaho, by our investigators on March 6, 2003, confirmed that you offered an animal for sale for slaughter as food in violation of Section 402(a)(2)(C)(ii) and 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the Act).

On or about October 24, 2002, you sold a calf heifer with back tag #ET 3558 identified on USDA Case #02-1286-ID, Form #433473, for slaughter as human food to [redacted]. USDA analysis of tissue samples collected from that animal identified the presence of penicillin in the liver at 0.07 parts per million (ppm), and in the kidney at 2.87 ppm. A tolerance of 0.05 ppm has been established for residues of penicillin in edible tissues of cattle, Title 21 Code of Federal Regulations, Part 556.510. The excess residue of this drug in edible tissue from these animals causes the food to be adulterated within the meaning of Section 402(a)(2)(C)(ii) of the Act.

Our inspection also found that you hold animals under conditions that could allow medicated animals, bearing potentially harmful drug residues, to enter the food supply. For example, you lack an adequate system for assuring that animals to which you administer medication have been withheld from slaughter for appropriate periods of time to deplete potentially hazardous residues of drugs from edible tissues. Additionally, you have no animal medication records that would identify which animals have been medicated, what date the treatment was administered, what type and dosage of medication had been used, and the required withdrawal periods for the medication used. You also do not have an adequate system for assuring that drugs are used in a manner not contrary to the directions contained in their labeling. Food from animals held under such conditions is adulterated within the meaning of Section 402(a)(4) of the Act.

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 assuring that your over-ah operations and the foods 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.

It is not necessary for you to personally ship an adulterated animal in interstate commerce to be responsible for a violation of the Federal Food, Drug, and Cosmetic Act. The fact that you caused the adulteration of an animal that was sold and subsequently offered for sale to a slaughterhouse that ships in interstate commerce is sufficient to hold you responsible for a violation of the Act.

You should notify this office in writing, within fifteen (15) working days of the receipt of this letter, of the specific steps you have taken to bring your firm into compliance with the law. If corrective action cannot be completed within 15 working days, 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.

Please send your reply to the Food and Drug Administration, Attention: Lisa M. Elrand, Compliance Officer, 22201 23rd Drive SE Bothell, Washington 9802l-4421. If you have questions regarding any issue in this letter, please contact Lisa M. Elrand, Compliance Officer at (425) 483-4913.

Sincerely,

/s/

Charles M. Breen

District Director