Inspections, Compliance, Enforcement, and Criminal Investigations

David T Phillips 10/6/14

  

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

Public Health Service
Food and Drug Administration
 
Cincinnati District Office
Central Region
6751 Steger Drive
Cincinnati, OH 45237-3097
Telephone: (513) 679-2700
FAX: (513) 679-2775

 

WARNING LETTER
CIN-15-440361-01
 
October 6, 2014
 
Via United Parcel Service
 
Mr. David T. Phillips
Owner
4440 West Leestown Road
Midway, Kentucky 40347
 
Dear Mr. Phillips:
 
On February 28, March 5 and 7, 2014, the U.S. Food and Drug Administration (FDA) conducted an investigation of your beef raising operation located at 4440 West Leestown Road, Midway, Kentucky. 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 December 17, 2013, you transported a bull, identified with back tag (b)(4) for slaughter as food. On or about December 19, 2013, (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 the following illegal drug residues:
 

Drug
Tissue
Residue Amount (ppm)
Tolerance Level
(ppm)
 Code of Federal Regulations Site
Oxytetracycline
Muscle
3.65
2
21 C.F.R. 556.500
Kidney
12.67
12
Florfenicol
Muscle
0.69
0.3
21 C.F.R. 556.283
Liver
5.85
3.7
Ciprofloxacin
Kidney
*
0
N/A
Flunixin
Liver
1.22
0.125
21 C.F.R. 556.286

*Not quantified - no established tolerance level
 
The presence of these drugs in edible tissue from this animal in these amounts 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 treatment records, segregate treated animals, maintain control of your drug inventory supply and dispose of expired drugs. 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.
 
Our investigation also revealed that on or about December 17, 2013, you provided (b)(4) with a Livestock Owners’ Certificate, signed by you as Dan Smith, stating that you were not marketing livestock at the Blue Grass Stockyard with an illegal drug residue. This signed Livestock Owners’ Certificate covered the bull identified with back tag (b)(4), which was found to have violative levels of oxytetracycline, florfenicol, ciprofloxacin, and flunixin residues. Providing such a false guaranty is prohibited by section 301(h) of the FD&C Act, 21 U.S.C. 331(h). You should take appropriate actions to ensure that this violation does not recur. 
 
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 Allison C. Hunter, Compliance Officer, U.S. Food and Drug Administration, 6751 Steger Drive, Cincinnati, Ohio 45237. If you have any questions about this letter, please contact Compliance Officer Hunter at 513.679.2700 ext. 2134 or allison.hunter@fda.hhs.gov.
 
Sincerely yours,
/S/ 
Paul Tietell
District Director
Cincinnati District

Page Last Updated: 10/09/2014
Note: If you need help accessing information in different file formats, see Instructions for Downloading Viewers and Players.
Language Assistance Available: Español | 繁體中文 | Tiếng Việt | 한국어 | Tagalog | Русский | العربية | Kreyòl Ayisyen | Français | Polski | Português | Italiano | Deutsch | 日本語 | فارسی | English