24044. Dressed poultry.    (In. No. 299.)
COMPLAINT POK INJUNCTION FILED: 4-13-56, M. Dist. N. C, against John W. 
Burwell, Jr. wa Modern Poultry Co., High Point, N. C.
CHARGE : The complaint alleged that the defendant was engaged in preparing 
and distributing dressed and drawn and New York dressed poultry, and had 
been and was causing to be introduced and delivered for introduction into 
interstate commerce such poultry which was adulterated within the meaning 
of 402 (a) (3) and (4) by reason of the presence in the poultry of fecal 
material, crop material, intestines, and other filthy material, and by reason of 
the preparation, packing, and holding of the poultry at the defendant's plant 
under insanitary conditions.
It was alleged further that the insanitary conditions resulted from and 
consisted of the method of making the abdominal cut which severs the intes- 
tines, causing fecal material to be spread over the inside of the body cavity, 
the preparation of the birds in an improper manner, allowing the retention of 
the trachea, ventriculus, reproductive organs, or offal, which might contami- 
nate the poultry, the presence of feathers, gizzard linings, lungs, and other 
miscellaneous dirt and debris on the floors and walls of the plant, and general 
carelessness on the part of the defendant and his employees.
The complaint alleged further that the defendant was well aware that his 
activities were in violation of the law; that various inspections had been made 
of the defendant's plant by the Food and Drug Administration; that a Notice 
of Hearing pursuant to Section 305 had been issued to the defendant in 1955; 
and that despite such warnings, the defendant failed to correct the insanitary 
conditions in the plant and continued to introduce into interstate commerce 
poultry which was adulterated as described above.
DISPOSITION : On 4r-13-56, the court entered a temporary restraining order en- 
joining the defendant against the acts complained of. On 4-20-56, the defend- 
ant having consented, the court entered a decree perpetually enjoining and 
restraining the defendant from directly or indirectly causing to be introduced 
or delivered for introduction into interstate commerce, poultry or any other 
such article which was adulterated as alleged in the complaint.