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But U.S. Magistrate Stephen Crocker declined the government’s call for jail time, saying he “wasn’t going to make an example” of Randy R. Stewart, 40, despite claims that Stewart ignored repeated U.S. Food and Drug Administration warnings to “back tag” the cattle he purchased and resold to Valley Pride Pack Inc.
Having Stewart, who owns Cottonwood Cattle Co. in Sioux Falls, speak to others in the cattle business about complying with FDA regulations should “send the message that if you don’t listen to the FDA, you will wind up with criminal charges and a tag on your ear,” Crocker said.
He placed Stewart on a year of probation and ordered he perform 96 hours of community service
The four heifers sold to Valley Pride between April 22, 2002, and April 22, 2004, had excessive levels of the antibiotics sulfadimethoxine, sulfamethazine and tilmisosin, according to the indictment.
The meat didn’t reach the public, as the FDA tested the animals while still alive, said Assistant U.S. Attorney David J. Reinhard.
A call to Valley Pride Pack wasn’t returned before deadline.
Stewart’s history of selling overmedicated cattle extended beyond the five-year statute of limitations for the offense, said Reinhard, adding the decision not to charge him with a felony was “a close call.”
Unlike older dairy cattle Valley Pride typically buys, Stewart purchased beef straight off the range, which were wild and dangerous to tag, Stewart’s attorney, Paul Rogosheske, said. Stewart also mistakenly trusted ranchers who swore the cattle were free of antibiotics.
Since being indicted last spring, Stewart has been “back tagging everything” in compliance with FDA regulations, Rogosheske said.
Crocker said the public is “hyper-sensitive” now about food and product safety and places its trust in the government and industry that the food they consume is healthy.
