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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Dueppengeisser Dairy Company 7/15/14

  

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

Public Health Service
Food and Drug Administration
 
New York District
158-15 Liberty Avenue
Jamaica, NY 11433 

 

July 15, 2014
 
WARNING LETTER NYK-2014-47
 
VIA UNITED PARCEL SERVICE
 
Peter A. Dueppengeisser, Co-Owner
Michael Dueppengeisser, Co-Owner
Dueppengeisser Dairy Company
7835 Butler Road
Perry, New York 14530-9724
 
Dear Messrs. Dueppengeisser:
 
Mr. Peter A. Dueppengeisser, Co-Owner
Mr. Michael Dueppengeisser, Co-Owner
Dueppengeisser Dairy Company
7835 Butler Road
Perry, New York 14530-9724
 
Dear Messrs. Dueppengeisser:
 
On April 1 and 11, 2014, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy operation located at 7835 Butler Road, Perry, New York 14530-9724. 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 (b)(4), you sold a bob veal calf, identified with ear tag # (b)(4) and other tag # (b)(4), for slaughter as food. On or about (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 tulathromycin in the kidney tissue. FDA has not established a tolerance for residues of tulathromycin in the edible tissue of bob veal calves (pre-ruminating). The presence of this drug in edible tissues 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 for the calves treated. Your records did not include the drug dosage, route of administration, meat/milk withdrawal time, or who administered the drug. 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 drugs (b)(4) (Tulathromycin, NADA # (b)(4)) and (b)(4) (Ceftiofur Crystalline Free Acid, NADA (b)(4)). Specifically, our investigation revealed that you did not use (b)(4) and (b)(4) as directed by their approved labeling or by the servicing veterinarian’s prescription. Use of these drugs in this manner is an extralabel use. See 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 (b)(4) (Tulathromycin, NADA #(b)(4)) to your bob veal calf identified with ear tag #(b)(4) and other tag #(b)(4) without following the prescribed or approved labeling. Your extralabel use (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) (Tulathromycin, NADA #(b)(4)) resulted in an illegal drug residue, in violation of 21 C.F.R. 530.11(c). 
 
Our investigation also found that you administered (b)(4) (Ceftiofur Crystalline Free Acid, NADA #(b)(4)) to your bob veal calf identified with ear tag #(b)(4) and other tag #(b)(4). Your extralabel use of (b)(4) was not under the supervision of a licensed veterinarian, in violation of 21 C.F.R. 530.11(a) and Excede is prohibited for extralabel use in cattle by 21 C.F.R. 530.41(a)(13). Specifically, administering the drug (b)(4) above the recommended dosage levels is prohibited under 21 C.F.R. 530.41(a)(13)(ii) and the use of (b)(4) in calves intended to be processed for veal is prohibited under 21 C.F.R. 530.41(a)(13)(iii).
 
Because your use of these drugs was not in conformance with their approved labeling and did not comply with 21 C.F.R. Part 530, you caused these drugs 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 LCDR Kristen C. Jackson, Compliance Officer, U.S. Food and Drug Administration, 158-15 Liberty Avenue, Jamaica, New York 11433. If you have any questions about this letter, please contact Compliance Officer LCDR Kristen C. Jackson at (718) 662-5711 or Email at Kristen.Jackson@fda.hhs.gov.
 
 
Sincerely yours,
/S/
Ronald M. Pace
District Director
New York District
 
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