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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Enforcement Actions

Robert A. Miller 2/25/13

  

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

Public Health Service
Food and Drug Administration
 PHILADELPHIA DISTRICT
900 U.S. Customhouse
2nd and Chestnut Streets
Philadelphia, PA 19106
Telephone: 215-597-4390 

 

WARNING LETTER
13-PHI-12
 
 
Delivered via United Parcel Service
 
 
 
February 25, 2013
 
 
Mr. Robert A. Miller, Owner
361 Beggar Row Road
East Waterford, Pennsylvania 17021
 
Dear Mr. Miller:
 
On January 22 and 23, 2013, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy operation located at 361 Beggar Row Road, East Waterford, Pennsylvania. 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 adulterated the new animal drug Norocillin (Sterile Penicillin G Procaine Injectable Suspension) NADA 065-010.  Specifically, our investigation revealed that you did not use penicillin G procaine as directed by its approved labeling. Use of this drug in this manner is an extralabel use. See Title 21, Code of Federal Regulations (C.F.R.), Section 530.3(a) (21 C.F.R. 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 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 penicillin G procaine injectable suspension to a dairy cow with ear tag (b)(4), without following the dosage, dosage per injection site, and conditions for use as stated by its approved labeling. Your extralabel use of penicillin G procaine was not under the supervision of a licensed veterinarian in violation of 21 C.F.R. 530.11(a). Because your use of this drug was not in conformance with the approved labeling and did not comply with 21 C.F.R. 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 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.
 
Your written response should be sent to Richard C. Cherry, Compliance Officer, U.S. Food and Drug Administration, U.S. Customhouse, Room 900, 200 Chestnut Street, Philadelphia, Pennsylvania 19106. If you have any questions about this letter, please contact Mr. Cherry at (215)717-3075 or e-mail at Richard.Cherry@fda.hhs.gov.
 
 
Sincerely,
/S/ 
Kirk D. Sooter
District Director
Philadelphia District
 
 
cc: Dr. Isabel Arrington, Director TA/C
       United States Department of Agriculture (USDA)
       Food Safety and Inspection Service (FSIS)
       Office of Policy and Program Development
       1616 Capitol Avenue, Suite 260
       Omaha, Nebraska 68102
 
       Dr. David R. Griswold, Acting Director
       Pennsylvania Department of Agriculture
       Bureau of Animal Health and Diagnostic Services (BAHDS)
       2301 Cameron Street
       Harrisburg, Pennsylvania 17120
 
       Dr. Thomas Alexander
       Chief of Regulation and Compliance
       Pennsylvania Department of Agriculture
       Bureau of Animal Health
       Room 408
       2301 North Cameron Street
       Harrisburg, Pennsylvania 17110