Inspections, Compliance, Enforcement, and Criminal Investigations
Timothy R. Nelson 7/28/11
Department of Health and Human Services
|Public Health Service|
Food and Drug Administration
|Kansas City District|
11630 West 80th Street
Lenexa, Kansas 66214·3340
Telephone: (913) 752-2100
July 28, 2011
RETURN RECEIPT REQUESTED
Ref. KAN 2011-13
Timothy R. Nelson, Cattle Dealer
2546 250th Street
Doon, Iowa 51235
Dear Mr. Nelson:
On March 10-11, and March 16, 2011, the U.S. Food and Drug Administration (FDA) conducted an investigation of your cattle operation located at 2546 250th Street, Doon, Iowa. This letter notifies you of the violations of the Federal Food, Drug, and Cosmetic Act (the Act) that we found during our investigation of your operation. You can find the Act and its associated regulations on the Internet through links on FDA's web page at www.fda.gov.
We found that you offered for sale an animal for slaughter as food that was adulterated. Under section 402(a)(2)(C)(ii) of the Act, [21 U.S.C. § 342(a)(2)(C)(ii)], a food is deemed to be adulterated if it bears or contains a new animal drug that is unsafe under section 512 of the Act, [21 U.S.C. § 360b].
Specifically, our investigation revealed on or about January 19, you sold a cow, identified with back tag number (b)(4) for slaughter as food. On or about January 19, 2011, (b)(4), slaughtered this animal. United States Department of Agriculture, Food Safety and Inspection Service (USDA/FSIS) analysis of tissue samples collected from this animal identified the presence of 0.159 ppm of flunixin in the liver tissue. FDA has established a tolerance of 0.125 ppm in the liver for residues of flunixin in the edible tissues of cattle as codified in Title 21, Code of Federal Regulations (C.F.R.), 556.286 (21 C.F.R. § 556.286). The presence of this drug in edible tissues from this animal in these amounts causes the food to be unsafe within the meaning of 512 of the Act [21 U.S.C. § 360b], and adulterated within the meaning of section 402(a)(2)(C)(ii) of the Act, [21 U.S.C. § 342(a)(2)(C)(ii)].
The above is not intended to be an all-inclusive list of violations. As a dealer 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 violations described in this letter and to establish procedures to ensure that these 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 of receiving this letter, 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 response to Danial S. Hutchison, Compliance Officer, at the above address.
John W. Thorsky
Kansas City District
Kevin E. Klommhaus, Bureau Chief
Feed & Fertilizer Bureau
Iowa Department of Agriculture & Land Stewardship
502 E. 9111 Street
Des Moines, IA 50319