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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Enforcement Actions

A&M Farms 3/13/12

  

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

Public Health Service
Food and Drug Administration
 
San Francisco District
Pacific Region
1431 Harbor Bay Parkway
Alameda, CA 94502-7070
 
Telephone:    510-337-6700
FAX:    510-337-6701 

 

 
UNITED PARCEL SERVICE
DELIVERY SIGNATURE REQUESTED
 
Our Reference: 3008164301
 
WARNING LETTER
March 13, 2012
 
Mr. Joe A. Meneses, Partner
Mrs. Marie F. Meneses, Partner
Ms. Lucy M. Areias, Partner
A&M Farms
10470 West Manning Avenue
Fresno, California 93706
 
Dear Mr. & Mrs. Meneses and Ms. Areias:
 
On January 4 and 5, 2012, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy operation located at 10470 West Manning Avenue, Fresno, California. 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 an animal 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 September 30, 2011, you consigned a cow, identified with ear tag (b)(4) and back tag (b)(4), for slaughter as food.  On or about September 30, 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 penicillin at 0.12 parts per million (ppm) in the kidney tissue.  FDA has established a tolerance of 0.05 ppm for residues of penicillin in the uncooked edible tissues of cattle as codified in Title 21, Code of Federal Regulations (C.F.R.), Section 556.510 (21 C.F.R. 556.510). The presence of this drug in edible tissue from this animal in this amount 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).
 
We also found that you adulterated the new animal drug (b)(4) brand (b)(4) (penicillin G procaine) Injectable Suspension, (b)(4). Specifically, our investigation revealed that you did not use (b)(4) brand (b)(4) (penicillin G procaine) Injectable Suspension, (b)(4), as directed by its approved labeling.  Use of this drug in this manner is an extralabel use as defined under 21 C.F.R. 530.3(a).  We have enclosed a copy for your reference.
 
The extralabel use of approved animal or human drugs in animals is allowed under the FD&C Act only if the extralabel use complies with sections 512(a)(4) and (5) of the FD&C Act, 21 U.S.C. § 360b(a)(4) and (5), and 21 C.F.R. Part 530, including that the use must be by or on the lawful order of a licensed veterinarian within the context of a valid veterinarian/client/patient relationship. 
 
Our investigation found that you administered (b)(4) brand (b)(4) (penicillin G procaine) Injectable Suspension, (b)(4), to your dairy cows without following the dosage amount and dosage amount per injection site as stated in the approved labeling. Your extralabel use of (b)(4) brand (b)(4) (penicillin G procaine) Injectable Suspension, (b)(4), was not under the supervision of a licensed veterinarian in violation of 21 C.F.R. 530.11(a) and your extralabel use of (b)(4) brand (b)(4) (penicillin G procaine) Injectable Suspension, (b)(4), resulted in an illegal drug residue, in violation of 21 C.F.R. 530.11(d).  Because your use of this drug was not in conformance with its approved labeling, you caused the drug to be unsafe under section 512(a) of the FD&C Act, 21 U.S.C. § 360b(a), and adulterated within the meaning of section 501(a)(5) of the FD&C Act, 21 U.S.C. § 351(a)(5).
 
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 remind you that (b)(4) brand (b)(4) (oxytetracycline hydrochloride) Injection, (b)(4), is prohibited for use in lactating dairy cattle. The FDA's Center for Veterinary Medicine (FDA/CVM) has issued a clarification in a CVM Update dated February 21, 2012, describing the term "non-lactating dairy cattle" to include "replacement dairy heifers, replacement dairy bulls, and dairy calves" (that is, these classes of dairy cattle have not yet, or would never produce, milk for human consumption). The term non-lactating dairy cattle does not include dry dairy cows. You may find the February 21, 2012 FDA/CVM Update on the Internet via: http://www.fda.gov/AnimalVeterinary/NewsEvents/CVMUpdates/ucm292761.htm?source=govdelivery
 
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 Darlene Almogela, Director, Compliance Branch, U.S. Food and Drug Administration, San Francisco District, at 1431 Harbor Bay Parkway, Alameda, California 94502. If you have any questions about this letter, please contact Compliance Officer Karen L. Robles at (916) 930-3674 extension 1114 or via e-mail at Karen.Robles@fda.hhs.gov.
 
Sincerely, 
/S/ 
Barbara J. Cassens
District Director
San Francisco District
U. S. Food and Drug Administration
 
Enclosure (1):
 
            Copy of 21 C.F.R. 530.3(a)