17544. Action to enjoin and restrain the interstate shipment of adulterated 
apple juice, apple cider, and fermented vinegar stock. U. S. v. Western 
Food Products Co., Inc., and N. H. Benscheidt, H. J. Henry, and John 
M. Farley.   Permanent injunction granted.   (In. No. 158.)
COMPLAINT FILED: On February 3, 1947, District of Kansas, against Western 
Food Products Co., Inc., Hutchinson, Kans., and N. H. Benscheidt, Hutchinson, 
Kans., president of the corporation and member of a partnership trading 
at Wichita, Kans., under the name Wichita Vinegar Works which, together 
with the defendant corporation, owned and operated in Canon City, Colo., 
the Western Vinegar Works, and H. J. Henry, Hutchinson, Kans., manager, 
and John M. Farley, supervisor of operations, of the Western Vinegar Works.
NATURE OF CHARGE: That the Western Food Products Co., Inc., and N. H. 
Benscheidt had been and were at the time of filing the complaint producing
processed food, particularly vinegar, apple juice, apple cider, and fermented 
vinegar stock, a large part of which was being shipped in interstate commerce; 
that the defendants manufactured and stored in Canon City, Colo., from about 
the middle of August 1946 to the latter part of October 1946, in 20,000-gallon 
tanks, large quantities of apple juice, apple cider, and vinegar stock which 
were adulterated under Sections 402 (a) (3) and (4) ; that the defendants 
were shipping and causing the shipment in interstate commerce of large 
quantities of the said products; that the defendants had shipped and intended 
to make further shipments of these products from Canon City, Colo., to 
Wichita and Hutchinson, Kans., where they would be further processed into 
vinegar and shipped throughout the country; that during the period in 1946 
when the products were manufactured, Federal inspectors inspected the plant 
at various times, particularly on September 19, 20, 23, and 24, and October 
1, 4, 5, and 14, 1946, which inspections revealed that much of the raw stock 
being processed into these food products was wholly or partly rotten and 
infested with worms; that the physical condition of the plant was extremely 
insanitary; that the insanitary conditions were pointed out to defendant 
H. J. Henry, and repeated warnings were given to him to improve the raw 
material being processed and to remedy the defects in the method of opera- 
tion ; and that the defendants had failed to correct such methods of operation 
and continued to use rotten and wormy apples in the manufacture of the 
said products.
The complaint alleged further, on information and belief, that the defendants 
would continue to ship in interstate commerce, apple juice, apple cider, and 
fermented vinegar stock adulterated as stated hereinbefore, unless restrained 
from so doing, and prayed that the defendants be summoned to answer the 
complaint; that the court fix a time for hearing on this application for pre- 
liminary injunction, and issue such injunction after hearing; and that after 
due proceedings, the preliminary injunction be made permanent. 
DISPOSITION: On February 24, 1947, pursuant to stipulation between the 
parties, a temporary restraining order heretofore issued by the court was 
continued in effect as a preliminary injunction, pending the disposition of 
the action on its merits. On April 25, 1947, the court entered a permanent 
injunction enjoining and restraining the defendants and all persons acting upon 
their behalf from introducing and delivering for introduction into interstate 
commerce from the Wester Vinegar Works at Canon City, Colo., any apple 
juice, apple cider, and fermented vinegar stock in violation of Section 301 (a) 
of the Act.
VEGETABLES*