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  5. Joseph Timothy Smart - 04/06/2015
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Joseph Timothy Smart

Animal & Veterinary

Joseph Timothy Smart

United States

Issuing Office:
Atlanta District Office

United States


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

Public Health Service
Food and Drug Administration
Atlanta District
60 8th Street, N.E.
Atlanta, GA 30309 


April 6, 2015
VIA UPS                                                                   
Joseph Timothy Smart, Owner
Joseph Timothy Smart Dairy
156 Riverside Drive
Clyde, North Carolina 28721-9124
Dear Mr. Smart:
On December 18 and 19, 2014, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy operation located at 156 Riverside Drive, Clyde, North Carolina 28721-9124. 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 July 1, 2014, you sold a dairy cow identified with back tag number (b)(4) (retain tag number (b)(4)) which was later given a new back tag number (b)(4) (replacing the first back tag number), for slaughter as food. On or about July 1, 2014, (b)(4), slaughtered this animal. USDA/FSIS analysis of tissue samples collected from this animal identified the presence of 16.54 part per million (ppm) desfuroylceftiofur (marker residue for ceftiofur) in the kidney tissue. FDA has established a tolerance of 0.4 (ppm) for residues of desfuroylceftiofur in the target tissue (kidney) of cattle as codified in Title 21, Code of Federal Regulations (C.F.R.), Section 556.113 (21 C.F.R. 556.113). The presence of this drug in edible tissue from this animal in this amount 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 and you held expired drugs in your inventory. 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. 
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 Marie F. Mathews, Compliance Officer, U.S. Food and Drug Administration, 60 Eighth Street N.E., Atlanta, GA 30309. If you have any questions about this letter, please contact Compliance Officer Marie F. Mathews at (404) 253-1279 or by e-mail at marie.mathews@fda.hhs.gov.
Ingrid A. Zambrana
District Director
Atlanta District
cc:        Scott E. Seebohm, DVM, Deputy Director
            United States Department of Agriculture
            Food Safety and Inspection Service
            Office of Policy and Program Development
            Policy Development Division
            1616 Capitol Ave, Suite 260
            Omaha, NE 68102
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