Inspections, Compliance, Enforcement, and Criminal Investigations
Gro-Lan Farms 10/17/11
Department of Health and Human Services
|Public Health Service|
Food and Drug Administration
RETURN RECEIPT REQUESTED
October 17, 2011
Jay E. Grove, Co-owner
115 Clearfield Road
Shippensburg, PA 17257
Dear Mr. Grove:
On April 12, 2011, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy farm operation located at 115 Clearfield Road, Shippensburg, PA. This letter notifies you of the violations of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) that we found during our investigation of your operation. You can find the FD&C 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 two animals for slaughter as food that was adulterated. Under section 402(a)(2)(C)(ii) of the FD&C 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 FD&C Act, 21 U.S.C. § 360b. Further, under section 402(a)(4) of the FD&C Act, 21 U.S.C. § 342(a)(4), a food is deemed to be adulterated if it has been held under insanitary conditions whereby it may have been rendered injurious to health.
Specifically, our investigation revealed that on or about October 28, 2010, you sold a bob veal calf, identified with back tag (b)(4) for slaughter as food. On or about October 29, 2010, (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 Gentamicin in the kidney tissue. FDA has not established a tolerance for residues of Gentamicin in the edible tissues of veal calves. In addition, our investigation revealed that on or about December 9, 2010, you sold a bob veal calf, identified with back tag (b)(4) for slaughter as food. On or about December 10, 2010, (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 2.97 parts per million (ppm) of Flunixin in the liver tissue. FDA has established a tolerance of 0.125 ppm for residues of Flunixin in the liver of cattle as codified in Title 21, Code of Federal Regulations C.F.R.), 556.286(b)(1)(i) (21 C.F.R. 556.286(b)(1)(i)). The presence of these drugs in edible tissues from these animals in these amounts causes the food to be adulterated within the meaning of section 402(a)(2)(C)(ii) of the FD&C Act, 21 U.S.C. § 342(a)(2)(C)(ii).
Our investigation 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. For example, you failed to maintain complete treatment records. Food from animals held under such conditions is adulterated within the meaning of section 402(a)(4) of the FD&C Act, 21 U.S.C. § 342(a)(4).
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 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.
We acknowledge that you are in the process of implementing changes to the medical treatment records for your animals. However, we do not have enough information to allow FDA to evaluate whether the referenced corrective actions are adequate.
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.
Your written response should be sent to Robin M. Rivers, Compliance Officer, U.S. Food and Drug Administration, 900 U.S. Customhouse, 200 Chestnut Street, Philadelphia, Pennsylvania 19106. If you have any questions about this letter, please contact Ms. Rivers at (215) 717-3076 or e-mail at email@example.com.
Kirk D. Sooter