24085. Dressed and cut-up poultry.   (In. No. 296.)
COMPLAINT FOR INJUNCTION FILED: 11-15-55, N. Dist. Ga., against Etowah 
Poultry Co., Inc., Canton, Ga., and W. B. Anderson, president.
CHARGE: The complaint alleged that the defendants were engaged in prepar- 
ing and distributing dressed, drawn, and cut-up poultry, and had been and
were introducing and causing to be introduced into interstate commerce, such 
poultry which was adulterated within the meaning of 402 (a) (4) by reason 
¦of being prepared, packed, and held under insanitary conditions.
It was alleged further that the insanitary conditions resulted from and con- 
sisted of the presence of fecal material, crop material, and other miscellaneous 
dirt and debris on the floors and walls of the defendants' plant at Canton, 6a., 
and in and around the equipment used in preparing, packing, and storing the 
poultry, the presence of hundreds of flies throughout the plant, broken window 
panes on unscreened windows, ill-fitting screen doors, ill-fitting doors on rest- 
rooms permitting flies to enter the toilets and return to other parts of the 
plant, the lack of adequate toilet facilities for employee use, the use of dirty 
ice in packing the finished product, and general carelessness on the part of the 
defendants and their employees.
The complaint alleged further that the defendants were well aware that 
their activities were in violation of the law; that various inspections had been 
made by the Food and Drug Administration; that the defendants had been 
issued a notice of hearing pursuant to Section 305; and that despite such 
Warnings the defendants failed to correct the insanitary conditions in their 
plant and continued to introduce into interstate commerce poultry adulterated 
as described above. 
DISPOSITION: On 11-23-55, after hearing and with the consent of the de- 
fendants, the court entered a temporary injunction enjoining the defendants 
from causing to be introduced and delivered for introduction into interstate 
commerce, dressed, drawn, and cut-up poultry or any other such article of 
food which
(a) was contaminated with fecal matter, crop material, or like filthy sub- 
stance,
(b) had been prepared, packed, or held in a plant in which fecal matter, 
crop material, miscellaneous dirt or debris were present on the floors and 
walls, or allowed to accumulate on the floors, or in and around the equipment 
used in the production of the article,
(c) was produced in a plant infested with flies or other insects,
(d) was prepared by the cutting of the abdominal cavity of birds in such 
manner that material from the intestines and crop became smeared on the 
food, or was prepared in an improper manner allowing the retention of the 
windpipe, lungs, gizzard material, reproductive organs, or offal which might 
contaminate the article,
(e) was produced in a plant without adequate screens, or with broken 
window panes,
(f) was produced in a plant which failed to provide adequate toilet facili- 
ties for employees, and supervision to insure the use of such facilities by 
such employees,
(g) was produced in a plant permitting waste water, intestines, and offal 
to collect in, under, or around said plant,
(h) was produced in a plant which failed to provide for sanitary handling 
of liver, hearts, giblets, and gizzards, or
(i) was produced in a plant which permitted the use of improper equip- 
ment, unfit ice, careless handling of the food, or allowed diseased employees, 
or employees with cuts on fingers, or other injuries, to work around the 
premises.
On 6-26-56, the defendants having consented, a permanent injunction in 
essentially the same terms as the temporary injunction was entered against 
the defendants.