FDA NEWS RELEASE
For Immediate Release: Nov. 1, 2011
Media Inquiries: Pat El-Hinnawy, 301-796-4763, Patricia.El-Hinnawy@fda.hhs.gov
Consumer Inquiries: 888-INFO-FDA
FDA Enters Consent Decree of Permanent Injunction in NY Tissue Residue Case
New York owner had multiple violations of FDA veterinary drug regulations
The U.S. Food and Drug Administration (FDA) today announced that Raymond L. Martin, a sole proprietor operating Corner View Dairies, located in Lyons, NY, has signed a consent decree of permanent injunction. The decree prohibits Mr. Martin from selling animals with illegal levels of animal drugs and from administering drugs to animals without proper record-keeping and veterinary oversight/supervision.
During inspections in March 2010 and February 2011 FDA investigators observed that the defendant had violated multiple FDA regulations. These violations included the failure to keep adequate medication records to prevent unsafe drug residues in cattle offered for slaughter, failure to review treatment records prior to offering an animal for slaughter, and the use of medications for unapproved indications not specified on the drug label. Although using drugs in this off-label manner is legal with a valid veterinarian-client-patient relationship, the defendant did not have such a relationship.
FDA determined that Mr. Martin offered three animals for slaughter with illegal drug residues. The animals included dairy cows that tested positive for illegal levels of the drugs flunixin and penicillin. These residues may cause allergic reactions in extremely sensitive individuals, and they may contribute to forming antibiotic-resistance in bacteria.
"Corner View Dairies and its owner never took the necessary corrective action to ensure the safety of their products,” said Dara A. Corrigan, associate commissioner for regulatory affairs. “FDA will continue to take prompt action against companies that put the public’s health at risk."
Under the terms of the consent decree, the defendant and his employees cannot introduce any adulterated food into commerce, use animal drugs in an “extralabel” manner without a valid veterinarian-client-patient relationship, or use certain drugs in animals when their use in animals is expressly forbidden. In addition, Mr. Martin must implement residue-avoidance systems including segregation/quarantine and identification of treated animals, maintaining medication/treatment records and drug inventory/accountability. He must also follow label directions for use, including drug withdrawal times prior to slaughter. Failure to obey the terms of the consent decree could result in civil or criminal penalties.
The decree was signed by Judge William M. Skretny of the Western District of New York on October 18, 2011.
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