October 2, 2019
On September 26, 2019, Cory Gillette, a cattle hauler and dealer, of Albany, Ohio, was sentenced to 5 years of probation, a $1,000 fine and 150 hours of community service for introducing adulterated food into interstate commerce and for making false statements to federal investigators. Gillette pleaded guilty to those charges in January.
According to charges filed in the United States District Court in the Southern District of Ohio, Western Division, Mr. Gillette presented cattle to slaughterhouses that tested positive for Gentamicin, a new animal drug that is a medically important antimicrobial prohibited in food intended for human consumption and not approved for use in cattle.
Under federal law, food is deemed to be adulterated if it contains a new animal drug that is unsafe for its intended use, as determined by approved conditions for use and accompanying withdrawal periods and tissue residue tolerances set forth in the drug’s approved labeling. Since Gentamicin is not approved for use in cattle, it is considered unsafe when used in cattle.
In April 2014, Mr. Gillette delivered the adulterated calf from the Southern District of Ohio to Addison, Indiana, where it was to be slaughtered for human consumption. The calf tested positive for Gentamicin, and the case was referred to the FDA’s Office of Criminal Investigations for a follow-up investigation.
In January 2015, Mr. Gillette knowingly made false statements to an FDA investigator during the follow-up onsite investigation of Cory Gillette Farm, saying that he had purchased the calf containing positive Gentamicin residue at a livestock auction in Zanesville, Ohio, which was untrue and an attempt to mislead investigators. He also falsely claimed that he had stopped dealing/hauling livestock permanently in March of 2014.
During a 2017 inspection, Mr. Gillette admitted to purchasing sick calves and selling them for human consumption. He failed to maintain any treatment records.
The FDA is committed to ensuring the safety of the U.S. food supply and working with state and federal partners to take enforcement action against those who put American consumers at risk.
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