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  5. Murmac Farms LLC - 12/05/2014
  1. Warning Letters

WARNING LETTER

Murmac Farms LLC

Product:
Animal & Veterinary

Recipient:
Murmac Farms LLC


United States

Issuing Office:
Philadelphia District Office

United States


   

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

Public Health Service
Food and Drug Administration
  900 U.S. Customhouse
2nd and Chestnut Streets
Philadelphia, PA 19106
Telephone: 215-597-4390 

 

WARNING LETTER
15-PHI-03
 
Delivered Via United Parcel Service
 
December 5, 2014
 
 
Brian G. Craig, Co-owner
Murmac Farms, L.L.C.
2336 Zion Road
Bellefonte, Pennsylvania 16823
 
Dear Mr. Craig:
 
On July 24 and 28, and August 8, 2014, the U.S. Food and Drug Administration (FDA) conducted an investigation of your dairy operation located at 2336 Zion Road, Bellefonte, Pennsylvania. This letter notifies you of the violations of the Federal Food, Drug, and Cosmetic FD&C 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 January 27, 2014, you sold a bob veal calf, identified with back tag (b)(4), for slaughter as food. On or about January 28, 2014, (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 neomycin at (b)(4) parts per million (ppm) in the kidney. FDA has established a tolerance of 7.2 ppm for residues of neomycin in the uncooked edible tissues of cattle as codified in Title 21, Code of Federal Regulations (C.F.R.),Section 556.430(b)(1) (21 C.F.R. 556.430(b)(1)). However, this tolerance does not apply to the use of (b)(4) (containing neomycin sulfate and oxytetracycline) in veal calves (pre-ruminating calves), and there is no acceptable level of residue associated with the use of (b)(4) and (b)(4)(containing neomycin sulfate and oxytetracycline) in veal calves (pre-ruminating calves). Therefore, the presence of this drug in kidney tissue from this animal in this amount cause 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 fail to maintain complete treatment records. 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)(Penicillin G Benzathine and Penicillin G Procaine Injectable Suspension), (b)(4) (ceftiofur crystalline free acid)(b)(4), (b)(4); and, (b)(4) and (b)(4) (containing neomycin sulfate and oxytetracycline). Specifically, our investigation revealed that you did not use (b)(4)(Penicillin G Benzathine and Penicillin G Procaine Injectable Suspension), (b)(4)(ceftiofur crystalline free acid) (b)(4); and, (b)(4) and (b)(4)(containing neomycin sulfate and oxytetracycline), as directed by their approved labeling. Use of these drugs in this manner is an extralabel use, as defined under 21 C.F.R. 530.3(a). We have enclosed a copy for your reference.
 
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)(Penicillin G Benzathine and Penicillin G Procaine Injectable Suspension), (b)(4), to your dairy cattle without following the indications for use as stated in the approved labeling. Your extralabel use of (b)(4) (Penicillin G Benzathine and Penicillin G Procaine Injectable Suspension), (b)(4), was not under the supervision of a licensed veterinarian, in violation of 21 C.F.R. 530.11(a).
 
In addition, our investigation found that you administered (b)(4) (ceftiofur crystalline free acid) (b)(4), to your dairy cow, identified with ear tag (b)(4) and back tag (b)(4), without following the withdrawal period as stated in the approved labeling. Your extralabel use of (b)(4) (ceftiofur crystalline free acid) (b)(4), was not under the supervision of a licensed veterinarian, in violation of 21 C.F.R. 530.11(a).
 
Furthermore, our investigation found that you fed (b)(4) and (b)(4)(containing neomycin sulfate and oxytetracycline) to your bob veal calf, identified with back tag (b)(4), without following the animal class as stated in the approved labeling. Your extralabel use of (b)(4) and (b)(4) (containing neomycin sulfate and oxytetracycline) 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) and (b)(4) (containing neomycin sulfate and oxytetracycline) resulted in an illegal residue, in violation of 21 C.F.R. 530.11(c).
 
Because your use of (b)(4)(Penicillin G Benzathine and Penicillin G Procaine Injectable Suspension), (b)(4)(ceftiofur crystalline free acid) (b)(4); and, (b)(4) and (b)(4)(containing neomycin sulfate and oxytetracycline) was not in conformance with their approved labeling and did not comply with 21 C.F.R. Part 530, you caused the 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).
 
In addition, you adulterated (b)(4) and (b)(4)(containing neomycin sulfate and oxytetracycline) within the meaning of section 501(a)(6) of the FD&C Act, 21 U.S.C. § 351(a)(6), when you failed to use the medicated feed in conformance with its approved labeling. Your use of this medicated feed without following the animal class as directed by the approved labeling caused this medicated feed to be unsafe under section 512 of the FD&C Act, 21 U.S.C. § 360b. Section 512 of the FD&C Act, 21 U.S.C. § 360b, and 21 C.F.R. 530.11(b) do not permit the extralabel use of medicated feeds.
 
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 Richard C. Cherry, Compliance Officer, U.S. Food and Drug Administration, U.S. Customhouse, Room 900, 200 Chestnut Street, Philadelphia, Pennsylvania 19106. If you have any questions about this letter, please contact Mr. Cherry at (215)717-3075 or by e-mail at Richard.Cherry@fda.hhs.gov.
 
 
Sincerely,
/S/ 
Anne E. Johnson
Acting District Director
Philadelphia District

 

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