3428. Action to enjoin and restrain distribution of adulterated buckwheat flour
and rye meal.    U. S. v. John T. Lampman (J. T. Lampman & Co.).    Con- 
sent decree granting permanent injunction.    (Inj. No. 24.)
On -January 30, 1942, the United States attorney for the Southern District of 
New York filed a complaint against John T. Lampman, trading as J. T. Lampman 
& Co. at Olaverack, N. Y., alleging that from on or about October 22, 1941, to 
the date of filing of the complaint the defendant had shipped in interstate com- 
merce flour and meal that were adulterated in that they consisted in whole or 
in part of filthy, putrid, and decomposed substances and were unfit for food, 
and ithat during such time flthe defendant had been "preparing, packing, and 
holding flour and meal under insanitary conditions whereby they might have 
become and had become contaminated with filth; and praying that judgment be 
entered enjoining and restraining the defendant from directly or indirectly intro- 
ducing or delivering for introduction in interstate commerce any adulterated 
article of food.
On April 10,1942, the defendant having filed an answer denying the substantive 
allegations of the complaint but having consented to the entry of a decree with- 
out trial or adjudication of any issue of fact or law and without admission 
either "express or implied with respect to any such issue, judgment was entered 
permanently enjoining and restraining the defendant and anyone acting on his 
behalf from introducing and delivering for introduction in interstate commerce, 
in violation of the law, any adulterated article of food, the decree providing 
that it should hot be construed as prohibiting the introduction or delivery for 
introduction into interstate commerce of any adulterated food where such adul- 
teration could not, by the exercise of due and reasonable care, have been pre- 
vented, known to, or remedied by the defendant or those acting on his behalf. 
The decree further permanently enjoined, restrained, and prohibited the defend- 
ant and those acting for him from introducing or delivering for introduction 
into interstate commerce any adulterated food unless and until the defendant 
had taken all reasonable and necessary steps, including necessary alterations 
and repairs, to rid and keep the premises free from rodents, cats, weevils, and
insects, had fumigated the premises thoroughly, cleaned all the equipment, etc., 
and taken all other reasonable precautions to render the manufacturing and 
borage plant clean and sanitary.