17505. Action to enjoin and restrain the interstate shipment of adulterated 
macaroni and noodle products. U. S. v. Gioia Macaroni Co., Inc., and 
Antonio Gioia, Horace A. Gioia, and Madeline Gioia. Permanent in- 
junction granted.    (In. No. 116.)
Gioia Macaroni Co., Inc., Rochester, N. Y., and Antonio Gioia, president, 
Horace A. Gioia, vice president and treasurer, and Madeline Gioia, secretary.
NATURE OF CHARGE: That the defendants had been and were at the time in- 
troducing and delivering for introduction into interstate commerce, at Roches- 
ter, N. Y., macaroni and noodle products; that an inspection of the plant of 
defendants, on February 4, 1943, showed that conditions at the plant, to- 
gether with the manufacturing practices, were insanitary; that sacks of 
flour were stacked directly on the floor; that some of the sacks were rodent- 
gnawed and had mouse excreta pellets adhering to the outside thereof; that 
workmen dumped flour from the sacks into the bins for manufacture into 
the finished product, and mouse excreta pellets which adhered to the sacks 
were shaken into the bin,; that the chutes used to convey flour from one 
storage bin to another were heavily insect-infested, which infestation in: 
eluded insect larvae and webbing which found its way into the finished prod- 
uct ; that dead mice were on the floors of the drying cabinets; that some of 
the finished products were manufactured in part from re-ground macaroni 
scrap, which had been stored in uncovered barrels containing foreign sub- 
stances, such as wood, paper, and dead weevils; and that inspections of March 
2 and 31, 1943, April 18, 1944, and May 22 and June 27, 1945, showed the 
persistence of insanitary conditions in the plant.
The complaint alleged further that shipments of the firm's macaroni and 
noodle products had been examined and found to contain insect and rodent 
filth and other extraneous matter, and that many seizures of macaroni and 
noodle products shipped by the defendants in interstate commerce had been 
made, based on such findings; and that the defendant corporation was con- 
victed on February 14, 1944, upon the entry of a plea of guilty to an informa- 
tion charging the interstate shipment of adulterated macaroni products, and 
was fined $500.
The complaint alleged also, on information and belief, that the defendants 
would continue to ship their adulterated products in interstate commerce 
unless enjoined from so doing, and prayed that the defendants be enjoined from 
commission of the acts complained of.
DISPOSITION : October 25, 1945. The defendants having failed to appear, judg- 
ment was entered by default, perpetually enjoining the defendants from 
shipping, or causing to be shipped in interstate commerce, or aiding, assisting, 
directing, ordering, or otherwise participating in shipping in interstate com- 
merce, any of the food products manufactured or stored, or under the control 
of any of the defendants at their plant at Rochester, N. Y., or elsewhere 
within the jurisdiction of the court, which were in violation of the Act.