Consent Decree Entered Over Drug Residues Claim

US - A Wisconsin livestock company and its owner have entered into a consent decree of permanent injunction resulting from a complaint filed by the US Department of Justice on behalf of the FDA alleging violations of federal food and drug safety requirements.
calendar icon 11 July 2012
clock icon 2 minute read

According to the government’s complaint, Dan Nolan Livestock LLC and its owner, Daniel W. Nolan, of Bonduel, Wisconsin, did not maintain adequate animal treatment records concerning the drug treatment of food animals.

FDA inspectors also found that the company and Nolan used new animal drugs illegally, and did not adequately distinguish between medicated and non-medicated animals for sale for use as human food.

US District Judge William C. Griesbach of the District Court for the Eastern District of Wisconsin, signed the consent decree on 9 July, 2012.

The FDA took the action because it is concerned about the sale of animals for human food that may contain levels of animal drugs and could have the potential for adverse effects on human health.

Among other requirements, the company and Nolan must implement a system that identifies the source of each animal and whether the animal was medicated. The firm also must implement a drug inventory and accountability system and provide purchasers, receivers, and consignees with written statements describing how the animal was medicated, or stating that the animal was not medicated.

If the FDA finds that the defendants are not in compliance with the decree, the agency may require defendants to cease selling and delivering any food animals. Failure to obey the terms of the consent decree could also result in civil or criminal penalties.

The FDA had inspected Dan Nolan Livestock LLC previously after the USDA found violative tissue residues in the defendants’ animals. Such illegal drug residues create potential public health hazards. FDA’s inspections showed that the firm had treated animals in an “extra label” manner without a valid veterinarian-client-patient relationship and lacked adequate animal husbandry practices.

Dan Nolan Livestock had dispensed drugs (gentamicin, tulathromycin and tilmicosin) to animals without a valid prescription from a licensed veterinarian or as prescribed on the label.

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