IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PET{NSYLVANIA

IN THE MATTER OF: )

RAINBOW ACRES FARM

) Docket*o.
) / 0-6q1 -l*1
)

ADN{INISTRATIVE WARRANT FOR INSPECTION

(FDA)
To Joshua C. Schafer, and any other duly authorized United States Food and Drug Administration

Investigator, and/or Deputy United States Marshal:

Application having been made by the United States on behalf of the FDA and with the Declaration

of Joshua C. Schafer, FDA Investigator, for a warrant for inspection of the business establishment

described as:

Rainbow Acres Farm

26 S. Kinzer Road
Kinzen, PennsYlvania 17535

pursuant to the Federal Food, D*g, and Cosmetic Act (Act), 21 U.S.C.$ 321 et !gg' you are

authorized and directed to takE all necessary actions, including, but not limited to, the use of reasonable

force, to effectuate entry to the above-named premises, the land and buildings located there, and any

vehicle being used to transport or hold food, on or before

ftU / 7,2010, at reasonable times

during ordinary business hourso and to remain thereon to inspect within reasonable limits.and
in a

located
reasonable tlanner, all portions of Rainbow Acres Farm's facility (except for the private residence

bontainers and
therein) and all things therein, including all equipment, finished and unfinished materials,

labeling therein.

The inspection authorized by this wanant will begin as soon as practicable after the issuance
of

and the
this warrant and will be completed with reasonable promptness. A written Notice of lnspection

credentials of all FDA investigators wilt be presented as prescribed by 21 U.S.C-$ 374(a).

the FDA
Samples may be collected and photographs may be taken as deemed necessary by
investig*ors. The FDA inve*igmors will provide a recei$ for any samples sollected'

A retum shall be made to this Courtwithin 10 days following completion of the inspection.

Dated: frfFa, l? -rorn

{"# DEPARTMENT OF HEALTH ElHUII{AN SERVICES
FOOO ANO DRUG AOMINISTRAT]ON
PI.'I LADELPHI A DIST RICT

9OO U.S. Cu$omhouse

2nd rnd Ch.stnut Strosts
Philsdolphi!, PA 19106
T.lsphono: 21 5'59?'4390

WARNING LETTER

10-PHI-07

DELIVERED VIA UPS

APril20,2010

Mr. Daniel L. AllgYer, Owner

Rainbow Acres Farm
26 S. Kinzer Road
Kinzers, PA 17535

Dear Mr. AllgYer:

has determined that you are

An investigation by the u.s. Food and Drug Administratiorr
,u,rring toie deliverd into interstate ,o*"'"", selling,
or otherwise distributing raw
is a violation of
milk in finat package form for human consumption. suctt distribution
States Code, Section 264(a)' and
the public Health slruic* (pHS) Act, Title 42-United
the implementi"g;d;o" in Title 21, Code ofFederal Regulations (CFR)'
-fn* "oiig"iprohibits the dglivey into interstate eommerce of
Section 1240.61(a). regulation
unless they
milk and milk products in fi}d pu"kug. form for direct human consumption
have been pasteurizJ. For yout informationo we have
enclosed a copy of the regulation
* ii** puUtirh"a inthe Federal Register,52 FR 29509 (Aug 10, 1987).
of violations' It is your
This letter is not intended to provide an all-inclusive list
of the PHS Act, Federal Food,
responsibility to ensure adherence with all requirements
you should en$re
nJ*" ana Cosmetic Act, and implementing tigutulionl. For instance, to correct the
take prompt action
that your products are-pr"p"rf' UUeUa. Y6u should
above deviation *Jpi"rr"nt any futrne reculrence'
Failure to make prompt corrections
Possible actions include seizure
could result ir, *guf"tory action without further notice.
and/or injunction.
of this
Please notiff this offfice in writing within fifteen (15) working days 9f rec3ipt
the noted violations, including an
letter of the -p."id.*Jrp* you haie taken to correct
regryrence of similar violations' If
explanation of eac-h rt"p U"iog takento prevent the
days, state the reason for the
corrective actions cannot be completed'"ritni" 15 working
;;i"t and the time within which iorrections will be completed,
Page2
April20,2010
Daniel L. Allgyer
Rainhw Acnes Farm
Warning Letter
jr

yorn reply should be directed to Richard C. Cherry, Compliance Officer, at the above
tett€rh;daddress. If you have any questions with regard to ttris letter, he can be reached
at 21 5 -7 l7 -3 0? 5 or Richard. Cherrv@FDA.HH S. q'gV.

Sincerelv.
qdra}ge
Kirk Sooter
District Director
PhiladelPhia Distrist

cc: David G. Cox

Latre, Alton & Horst, LLC
Two Miranova Place
Suite 500
Columbus OH 43215'7052
delivered via falt

Pennsylvania State Departnent of Health

132 Kline Plazu Suite A
Harrishng, PA 17104