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Hamburg Sets New FDA Directives without any new bills

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PORKER

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First, the FDA will set post-inspection deadlines. When the FDA finds that a firm is significantly out of compliance, we expect a prompt response to our findings. Once the FDA provides inspection findings identifying a serious problem, the firm will generally have no more than fifteen working days in which to respond before the FDA moves ahead with a warning letter or enforcement action. This will help FDA issue warning letters on a timely basis and facilitate prompt corrective action.

Second, the FDA will take responsible steps to speed the issuance of warning letters. I have approved a new policy brought forward by the FDA's Chief Counsel to limit warning letter review to significant legal issues. As a result, most enforcement letters will be able to move forward through a more streamlined process. This approach is consistent with the FDA's longstanding historical practice.
Third, the FDA will seek to work more closely with our regulatory partners to develop effective risk control and enforcement strategies. In many food safety cases, for example, local, state, and international officials have more authority to take action quickly than the FDA. When the public health is at risk, the FDA will reach out to our partners to take rapid action while we alert the public and prepare longer-term responses.

Fourth, the FDA will prioritize enforcement follow-up. After a warning letter is issued or a major product recall occurs, we will make it a priority to follow up promptly with appropriate action, such as an inspection or investigation to assess whether or not a company has made required changes in its practices.

Fifth, the FDA will be prepared to act swiftly and aggressively to protect the public. The FDA will no longer issue multiple warning letters to noncompliant firms before taking enforcement action. If we find that we must move quickly to address significant health concerns or egregious violations, we will consider immediate action – even before we have issued a formal warning letter.

These five procedural changes will help to ensure that violations are taken seriously, that warning letters and enforcement actions occur in a timely manner, and that steps are taken to protect consumers in cases where immediate enforcement action is not possible.

A sixth new practice is a little different from the others. It relates to our response to firms after they have made necessary corrections.

At my direction, the FDA is developing a formal warning letter "close-out" process. If the FDA can determine, usually based on a re-inspection, that a firm has fully corrected the violations raised in a warning letter, we will provide to the firm a "close-out" letter, indicating that the issues in the warning letter have been successfully addressed. To keep the public informed, we will indicate on our website when a firm has received a "close-out" letter.

What started this is drugs found in meat !!!

Submitted by Denise Reynolds RD on Nov 20th, 2009
All about:
Food Safety
The FDA has issued letters of warning to two New York food production operations suspected in violation of adulterated food brought about by misuse of animal medications.

Potsdam-based Adon Farms and Lloyd T. Smith & Sons in Canton are dairy farms, and Francis J. Szarek of Westmoreland, NY runs a veal operation.

The Adon dairy was inspected on April 2 and 9, 2009 and the "Warning Letter" mailed on Aug. 5, 2009. The Smith & Sons dairy was inspected in June 2009, and received the issued letter on September 9, 2009.

FDA says that both dairy farms offered animals for slaughter and sale as food that were held under insanitary conditions that may have rendered it injurious to health if brought into the food supply. Tests by the U.S. Department of Agriculture's Food Safety & Inspection Service (FSIS) showed uncooked edible tissues exceeded the allowable levels for penicillin, an antibiotic used to prevent or destroy an infection in the animal. The FDA was also issued warnings to the dairies for inadequate record-keeping and not following federal instructions for the animal drugs, which requires that the animals be held back from sale until the drug residues clear the animals tissue. The penicillin was also used inappropriately and off-label, and not under the supervision of a veterinarian.

The Szarek veal facility was inspected on April 8 and 10, 2009, and its warning letter" also went out on Sept. 9, 2009. FSIS testing showed 0.134 parts per million of flunixin in the liver tissue of a veal calf sold for slaughter. FDA has not established any tolerance level for residues of flunixin and the presence of the drug in edible tissue means the food is adulterated. Like the dairies, it was charged with using animal drugs for "extra label" purposes without the benefit of a veterinarian and without keeping adequate records.

Flunixin is a non-steroidal anti-inflammatory drug used in animals for muscle pain, to alleviate fevers, and to prevent endotoxemia. It is only registered for use in horses and cattle.

It is estimated that 70% of the antibiotics used in the United States are fed to farm animals for non-therapeutic purposes such as growth promotion and to compensate for unsanitary farming conditions. Medical experts fear that the residue of antibiotics that end up in the food supply contribute to human development of bacterial resistance. Many health organizations, such as the American Medical Association and the American Public Health Association urge for the regulation of antibiotics used for animals designated for slaughter for food.

The farms have 15 working days to respond to FDA.
 
FISI ramps up antibiotics DRUG testing for FDA labs to TEST!

Thirty Farms in Violation of FDA Antibiotic Mandate
22/11/2009 05:10:00 admin


By Rachel Stockton

A total of thirty dairy farms throughout the nation have been given warning letters by the FDA regarding the misuse of antibiotics this year.

Antibiotics have been used on dairy farms for many years to fight udder infections. The Food and Drug Administration put a cap on how much penicillin is allowable in an effort to keep the drug out of the milk and/or edible tissue of the cow. Infected beef products could be devastating for people who are allergic to penicillin. Medical experts are also concerned that penicillin in the food supply could cause resistance to bacteria in humans.

Two of the latest violations occurred in Minnesota. The USDA, along with state agencies randomly drug tests cattle that are taken to slaughter. If they see a cow that is sick, they pull them out to test them for drug residue. If a cow has more antibiotics than is allowable, the FDA is promptly notified.

A cow from one of the Minnesota farm was said to have 129 times the allowable limit of penicillin; it was discovered that the other farm had misused a total of ten drugs.

Two New York farms were also sent letters from the FDA, which charged them both with providing unsanitary conditions and dispensing antibiotics to mitigate infections caused by the environment. Additionally, the federal agency found their record keeping inadequate. And finally, one of the farms had given drugs to their animals without the supervision of a veterinarian.

According to the FDA, 70% of antibiotics in the US are given to farm animals. Many times they are given to enhance growth and/or for some other off label use.

Farms notified by the FDA have two weeks to respond with a "plan" to remedy the situation. Animals with high levels of drug residue are held back from sale until the toxins dissipate.

The FDA will act swiftly and aggressively to protect the public. Hamberg said.The FDA will no longer issue multiple warning letters to noncompliant firms before taking enforcement action.

like this example below;
An investigation of your dairy farm located in Virginia, by a Food and
Drug Administration (FDA) investigator on June 10, 2002, confirmed that you offered a cow for sale for slaughter as food, in violation of Section 402(a)(2)(C)(ii) and 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

On or about September 26, 2001, you sold a dairy cow identified with back tag number 2024, to [redacted]. a livestock dealer, who subsequently sold the cow to [redacted]. The cow was then slaughtered for use as human food. U.S. Department of Agriculture (USDA) analysis of tissue samples collected from the cow confirmed the presence 0.09 ppm penicillin in the kidney tissues of the cow. A tolerance of 0.45 pprn penicillin has been established for residues of penicillin in the uncooked edible tissues of cattle (Title 21, Code of Federal Regulations (CFR), Part 556.510). The presence of this drug in excess of established tolerance levels in the edible tissues of cattle causes the food to be adulterated.

Our investigation also found that you hold animals under conditions which may allow diseased animals
and/or medicated animals bearing potentially harmful drug residues to enter the food supply. For
example:

> You routinely provide an additional 5cc's of penicillin per dose and one more treatment per day per cow than prescribed in the labeling, and do not adhere to the withdrawal times prescribed in
the labeling.
> You do not follow the directions for use listed on the labels of the medications you use and/or the required withdrawal times. Specifically, you treated a cow(back tag #[redacted]) with a milk replacer containing Neomycin, up to the day it was taken to the livestock market. The label requires a 30 day withdrawal period after using this product.
>You do hot maintain medication/treatment records that identify the animal, the date of treatment, the drug used, dosage administered, and the drug withdrawal time(s).
>You do not have a system in effect for the review of treatment records to assure that drugs have been used as directed in the labeling and that the appropriate withdrawal times have been observed.

An FDA 483, Inspectional Observations, was issued to you at the conclusion of the inspection.

In addition, USDA has reported, and the inspection confirmed findings; of illegal residues in four other cattle sold by you and offered for slaughter for human food. The findings of illegal residues are as follows:

DATE
TAG#
DRUG
TISSUE TYPE & RESIDUE LEVEL
TOLERANCE

3/5/99
[REDACTED]
Penicillin
Liver - 0.14 ppm

Kidney - 0.50 ppm
0.05 ppm

0.05 ppm

12/10/99
[REDACTED]
Penicillin
Kidney - 0.08 ppm
0.05 ppm

1/19/01
[REDACTED]
Neomycin
Liver - 09.26 ppm

Kidney - 253.16 ppm
3.6 ppm

7.2 ppm

9/26/01
[REDACTED]
Penicillin
Kidney - 0.09 ppm
0.05 ppm


The above is not intended to be an all-inclusive list of the violations that may be occurring at your farm. As a producer of animals offered for use as food, you are responsible for assuring that your overall operations and the food you distribute are in compliance with the law.

You should take prompt action to correct the above violations and to establish procedures whereby such violations do not recur. Failure to do so may result in regulatory action without further notice, such as seizure or injunction.

It is not necessary for you to personally ship an adulterated animal in interstate commerce to be responsible, for a violation of the FD&C Act. The fact that you caused the adulteration of an animal that was sold and subsequently offered for sale to a slaughterhouse that ships in interstate commerce is sufficient to hold you responsible for a violation of the FD&C Act.

You should notify this office in writing within 15 working days of the steps you have taken to bring your firm into compliance with the law. 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 15 working days, state the reason for the delay and the time frame within which the corrections will be completed. Please include copies of any documentation demonstrating that corrections have been made.

Your response should be directed to Ms. Rosalie Bucey, Compliance Officer, U.S. Food and Drug Administration, 6000 Metro Drive, Suite 101, Baltimore, Maryland 21215, telephone number (410) 779-
5417.

Sincerely,
 

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