Public Health Service
Food and Drug Administration
Cincinnati District Office
6751 Steger Drive
Cincinnati, OH 45237-3097
Telephone: (513) 679-2700
FAX: (513) 679-2761
October 10, 2014
Delivery Signature Requested
WARNING LETTER CIN-15-440641-04
Mr. Gregory L. Mills, Co-Owner
Mr. Mark Mills, Co-Owner
Mills Dairy Farm, LLC
2145 Township Road 757
Perrysville, Ohio 44864
Dear Mr. Mills;
On September 8 and 11, 2014, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy operation located at 2166 State Road 60, Perrysville, Ohio. 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 the 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 5, 2013, you sold a dairy cow identified with back tag # (b)(4) for slaughter as food. On or about December 6, 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 3.62 parts per million (ppm) of florfenicol in the muscle and 4.51 ppm in the liver. FDA has established a tolerance of 3.7 ppm florfenicol in the liver and 0.3 ppm florfenicol in the muscle of cattle as codified in Title 21, Code of Federal Regulations (C.F.R.), Section 556.283 (21C.F.R. 556.283). The presence of this drug in edible tissues 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, according to your affidavit dated September 11, 2014, you admitted the failure to record the administration of Nuflor Gold to a heifer cow in November 2013. 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.
Please send your reply to the Food and Drug Administration, 6751 Steger Drive, Cincinnati, Ohio 45237, Attention: Stephen J. Rabe. If you have any questions about this letter, please contact Compliance Officer Rabe at 513.679.2700 ext. 2163 or by email at firstname.lastname@example.org.