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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Enforcement Actions

Clearview Dairy, LLC 26-Mar-07

Department of Health and Human Services' logoDepartment of Health and Human Services

Public Health Service
Food and Drug Administration

 

Seattle District
Pacific Region
22201 23rd Drive SE
Bothell, WA 98021-4421

Telephone: 425-486-8788
FAX: 425-483-4996


 

March 26, 2007

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

In reply refer to Warning Letter SEA 07-11

Joe A. Sozinho, Partner
Kristy Heldman, Partner
Clearview Dairy, LLC
500 East 150 North
Jerome, Idaho 83338

WARNING LETTER

Dear Mr. Sozinho and Ms. Heldman:

An investigation of your dairy operation located at 500 East 150 North, Jerome, Idaho, conducted by representatives of the U.S. Food and Drug Administration (FDA) on February 1 and 5, 2007, confirmed that you offered an animal for sale for slaughter as food that was adulterated under sections 402(a)(2)(C)(ii) [21 U.S.C. § 342(a)(2)(C)(ii)] and 402(a)(4) [21 U.S.C. § 342(a)(4)] of the Federal Food, Drug, and Cosmetic Act (the Act). The inspection also revealed that you caused the new animal drug, sulfadimethoxine, to become unsafe under section 512 [21 U.S.C. § 360b] of the Act and adulterated within the meaning of section 501 (a)(5) [21 U.S.C. § 351 (a)(5)] of the Act. You can find the Act and its associated regulations on the Internet through links on the FDA's web page at www.fda.gov.

On or about November 3, 2006, you sold a dairy cow, identified with Back Tag Number [redacted], for slaughter as food to [redacted], who subsequently sold the animal to [redacted], that same day. [redacted], shipped the cow to [redacted]. On or about November 4, 2006, this animal was slaughtered at [redacted]. United States Department of Agriculture, Food Safety and Inspection Service (USDA/FSIS) analysis of tissue samples collected from that animal identified the presence of 17.91 parts per million (ppm) of sulfamethazine in the liver tissue and 21.22 ppm of sulfamethazine in the muscle tissue. A tolerance of 0.10 ppm has been established for negligible residues of sulfamethazine in the uncooked edible tissues of cattle, as codified in Title 21, Code of Federal Regulations, Section 556.670 (21 C.F.R. 556.670). The presence of sulfamethazine above the established tolerance level in uncooked edible tissues from this animal causes the food to be adulterated within the meaning of section 402(a)(2)(C)(ii) [(21 U.S.C. § 342(a)(2)(C)(ii)] of the Act.

Our inspection also found that you hold animals under conditions that are so inadequate that medicated animals bearing potentially harmful drug residues are likely to enter the food supply. You lack an adequate system to ensure that animals medicated by you have been withheld from slaughter for appropriate periods of time to permit depletion of potentially hazardous residues of drugs from edible tissues. For example, you failed to maintain complete treatment records. You also lack an adequate inventory system for determining the quantities of drugs used to medicate your livestock. Food from animals held under such conditions is adulterated within the meaning of section 402(a)(4) [21 U.S.C. § 342(a)(4)]. of the Act.

In addition, you adulterated the new animal drug sulfadimethoxine (Albon) within the meaning of section 501 (a)(5) [21 U.S.C. § 351(a)(5)] of the Act when you failed to use the drug in conformance with its approved labeling. "Extralabel use," i.e ., the actual or intended use of a drug in an animal in a manner that is not in accordance with the approved labeling, is only permitted if the use is by or on the lawful order of a licensed veterinarian within the context of a valid veterinarian/client/patient relationship. The extralabel use of approved veterinary or human drugs must comply with sections 512(a)(4) [21 U.S.C. § 360b(a)(4)] and 512(a)(5) [21 U.S.C. § 360b(a)(5)] of the Act and 21 C.F.R. Part 530. Our investigation found that your extralabel use of sulfadimethoxine (Albon) failed to comply with these requirements.

For example, you administered the sulfadimethoxine (Albon) without following the dosage level set forth in the approved labeling. 21 C.F.R. § 530.41 (a)(9) prohibits the extralabel use of sulfadimethoxine in lactating dairy cattle. Because your extralabel use of this drug was not in compliance with 21 C.F.R. Part 530, the drug was unsafe under section 512(a) [21 U.S.C. § 360b(a)] of the Act and your use caused the drug to be adulterated within the meaning of section 501 (a)(5) [21 U.S.C. § 351(a)(5)] 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 ensuring that your overall operation and the food you distribute is 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 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.

Your written response should be sent to the Food and Drug Administration, Attention: Michael J. Donovan, Compliance Officer, 22201 23rd Drive SE, Bothell, Washington 98021-4421. If you have questions regarding any issue in this letter, please contact Mr. Donovan at (425) 483-4906.

Sincerely,

/S/

Charles M. Breen
District Director

(w/copy of FDA-483):

CC: Dr. Julie Cornett, USDA-FSIS, Technical Service Center
Landmark Center, Suite 300, 1299 Farnam Street, Omaha, NE 68102

Idaho State Department of Agriculture, Division of Animal Industries
P.O. Box 7249, Boise, Idaho 83707