Inspections, Compliance, Enforcement, and Criminal Investigations
John Malcore Livestock LLC 6/27/12
Department of Health and Human Services
|Public Health Service|
Food and Drug Administration
Minneapolis District Office
250 Marquette Avenue, Suite 600
Minneapolis, MN 55401
Telephone: (612) 334-4100
FAX: (612) 334-4142
June 27, 2012
RETURN RECEIPT REQUESTED
Refer to MIN 12 - 37
John J. Malcore
John Malcore Livestock, LLC
234 Rocky Road
Luxemburg, Wisconsin 54217-9501
Dear Mr. Malcore:
On February 28, March 17, and April 9, 2012, the Food and Drug Administration (FDA) conducted an investigation of your cattle operation located at 234 Rocky Road, Luxemburg, Wisconsin. This letter notifies you of 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 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 December 27, 2011, you sold a steer, identified with back tag (b)(4), for slaughter as food. On or about December 27, 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 flunixin at 1.03 parts per million (ppm) in the liver. A tolerance of 0.125 ppm in the liver has been established for residues of flunixin in the edible tissues of cattle as codified in Title 21, Code of Federal Regulations (21 CFR), section 556.286 (21 CFR 556.286). The presence of this drug in edible tissue from this animal 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) (flunixin meglumine) Injectable Solution, ANADA (b)(4). Specifically, our investigation revealed that you did not use the drug as directed by its approved labeling. Use of this drug in this manner is an extralabel use. See 21 CFR 530.3(a).
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 CFR 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 had illegally obtained and used several by-prescription-only animal drugs from (b)(4). Having illegally obtained these by-prescription-only animal drugs from an unlicensed layperson, your subsequent use of these products was without benefit of a valid prescription from a licensed veterinarian. One of the by-prescription-only animal drugs found on your farm was (b)(4) (flunixin meglumine) Injectable Solution, ANADA (b)(4). Our investigation found that you administered the drug to a steer, identified with back tag (b)(4), without following the route of administration as stated in the approved labeling. Your extralabel use of (b)(4) (flunixin meglumine) Injectable Solution, ANADA (b)(4), was not under the supervision of a licensed veterinarian in violation of 21 CFR 530.11(a), and your extralable use resulted in an illegal drug residue, in violation of 21 CFR 530.11(d). Because your use of this drug was not in conformance with its approved labeling and did not comply with 21 CFR Part 530, 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 are 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 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 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 Timothy G. Philips, Compliance Officer, at the address on this letterhead. If you have any questions about this letter, please contact Mr. Philips at (612) 758-7133.
Michael Dutcher, D.V.M.
cc: Robert Ehlenfeldt, D.V.M.
WDA Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911