9840. Action to enjoin and restrain the interstate shipment of dressed poultrj 
U. S. v. Joe Michael Hudlow (Hudlow Poultry Co.).   Injunction denied
(In. No. 252.)
ducing and delivering for introduction into interstate commerce, at Flowerj 
Branch, Ga., quantities of dressed poultry which were adulterated within the 
meaning of Section 402 (a) (4), in that the poultry had been and was still 
being prepared, packed, and held under insanitary conditions whereby it may 
have become contaminated with filth.
The complaint alleged further that the insanitary conditions in the defend- 
ant's plant resulted from, and consisted of, the presence of flies and other 
insects on equipment and in the chill vats where poultry was chilled: the 
absence of screening on a number of windows and large holes in the door 
screen: the improper drainage of water from the vicinity of the plant; the 
lack of adequate toilet facilities; the absence of washing facilities for em- 
ployees ; the expectoration on the floor by employees: the presence of open 
containers of decomposing and fermenting offal in close proximity to the 
plant; the presence of blood on wooden floors and walls inside the plant; the 
use of filthy water in the wash and rinse vats; and the use of dirty ice for 
packing the finished poultry.
The complaint alleged also that the defendant had been warned of the 
insanitary conditions in the plant by a number of plant inspections and that, 
despite such warnings, the defendant failed to improve the plants condition 
and continued to introduce into interstate commerce adulterated dressed 
poultry.
DISPOSITION : The case came on for trial before the court on or about July 12, 
1952, and at the conclusion of the trial, the matter was taken under advisement 
by the court. On May 13, 1953, the court handed down its findings of fact 
and judgment as follows:
SLOAN. District Judge: "The United States brings this complaint under 
Section 302 (a) of the Federal Food, Drug and Cosmetic Act (21 U. S. C. 
332 (a)), hereinafter referred to as the Act, charging that the defendant is 
engaged in buying live poultry, dressing same and selling and introducing 
same into interstate commerce as articles of food, and that same is being 
prepared under described insanitary conditions thereby rendering said food 
contaminated within the meaning of the Act. The complaint seeks a tempo- 
rary and perpetual injunction against the acts complained of.
"The defendant makes answer and admits that he is engaged in the business 
alleged but denies the alleged insanitary conditions and denies that the food 
is contaminated or adulterated.
"The cause came on for trial before the Court without a jury.
FINDINGS OF FACT
"At the time of the filing of the complaint the defendant was engaged in 
the business of buying live poultry and dressing same in his poultry dressing 
plant at Flowery Branch, Georgia, said dressed poultry being sold as food in 
interstate commerce.
"The conditions under which said poultry was dressed were insanitary in 
that:
"The plaintiff shall have and recover of the defendant the costs of this 
action."