FDA WARNING_LETTER - CMC Commodity Transport Inc. - February 09, 2010

An FDA inspection of CMC Commodity Transport Inc. on February 8-9, 2010, and customer visits on February 4 and 10, 2010, revealed adulterated animal feed. On November 23, 2009, trailer #78-6073, after hauling shredded tire chips, was used to transport cottonseed to a dairy. An additional load of cottonseed was delivered on November 24, 2009, placed atop the previous delivery.

The cottonseed was found to contain foreign contaminants resembling tire pieces, confirmed by the North Carolina Department of Agriculture and Consumer Services to include rubber tires and wire. This adulteration occurred because the firm used the same trailer for both feed and non-feed products without adequate cleaning or verification, and lacked a written cleaning procedure for trailers prior to hauling feed. Shipping records showed similar instances of food items being transported immediately after shredded tires on at least four other occasions since December 2009.

The cottonseed was deemed adulterated under sections 402(a)(3) and 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the Act), as it was unfit for food and prepared/held under insanitary conditions. The introduction of adulterated food into interstate commerce is prohibited under sections 301(a) and 301(b) of the Act.

CMC Commodity Transport Inc.