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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Enforcement Actions

Hyman Farms 5/14/13

  

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

Public Health Service
Food and Drug Administration
 Dallas District
4040 North Central Expressway
Dallas, Texas 75204-3128 

 

May 14, 2013
 
2013-DAL-WL- 037
 
WARNING LETTER
 
UPS Overnight
                                                                                                     
 
Harold Hyman, Owner
Hyman Farm Service LLC.
1157 FM 145
Dimmit, TX 79027
 
Dear Mr. Hyman:
 
On March 28 – 29, 2013, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy operation located at 1157 FM 145, Dimmitt, TX 79027. 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 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 May 10, 2012, you sold a dairy cow, identified with ear tag (b)(4) for slaughter as food. On or about May 14, 2012, (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. FDA has not established a tolerance for residues of gentamicin in cattle. 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).
 
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. 
 
FDA acknowledges the written response we received following our investigation. A letter dated April 4, 2013 from Mr. William B. Settle, Manager, was received addressing the observations made during the investigation we conducted at your location in Dimmitt, Texas. Although your letter indicates that your firm has taken steps to address our observations, your response did not contain enough detail for us to evaluate. Specifically, you did not include examples of the medication treatment records implemented after the investigation.
 
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 Jeff R. Wooley, Compliance Officer, U.S. Food and Drug Administration, 4040 N. Central Expressway, Suite 300, Dallas, Texas 75204. If you have any questions about this letter, please contact Compliance Officer Jeff R. Wooley at 214-253-5251.
 
Sincerely,
/S/
Reynaldo R. Rodriguez, Jr.
Dallas District Director
 
 
 
cc:    FSIS District Office 40
         Attn: Dr. Jennifer Beasley-McKean, DM
         1100 Commerce Street, Room 516
         Dallas, TX 75242-0598
 
         Texas Department of State Health Services
         1100 W. 49th Street
         Austin, TX 78756