24951. Flour, bakery mixes, cornmeal, sugar, salt, and shortening.    (Inc. No. 
328.)
COMPLAINT FOR IN JUNCTION FILED :   2-12-58, W. Dist. of Pa., against Schomaker 
Co., a partnership, Pittsburgh, Pa.
CHARGE : The complaint alleged that the defendant was engaged in the busi- 
ness of storing and selling various food products, such as flour, bakery mixes, 
cornmeal, sugar, salt, and shortening; that the defendant had been and 
was, at the time of filing of the complaint, receiving such articles which 
had been shipped in interstate commerce; and that the defendant had been 
and was placing and causing to be placed in a building infested with insects 
and rodents, and had been and was exposing and causing to be exposed to 
contamination by insects and rodents, such articles of food while they were 
held for sale after shipment in interstate commerce.
The complaint alleged further that the acts of placing and causing the 
foods to be placed in such building and of exposing and causing the foods to be 
exposed to such contamination, resulted in the foods being adulterated within 
the meaning of 402(a) (3) in that the foods consisted in part of insect and 
rodent filth; and within the meaning of 402(a) (4) in that the foods were 
held under insanitary conditions whereby they may have become contami- 
nated with filth.
The complaint alleged also that the insanitary conditions resulted from 
and consisted of an old building with loose walls; wide cracks between floor 
boards; openings along the wall approximately one foot wide, through which 
insects, rodents and larger animals could and did enter and leave the build- 
ing at will; holes throughout the building; rodent excreta pellets throughout 
the building; spilled rodent-bait dishes in areas near stored food; spilled 
flour, mixed with dirt, rodent excreta pellets, and miscellaneous debris, along 
the wall ledges, and other similar insanitary conditions.
DISPOSITION : On 2-13-58, a temporary restraining order was issued, and on 
3-7-58, a hearing was held on the question of issuing a permanent injunc- 
tion. Thereafter, on 3-21-58, the court issued a decree of permanent injunc- 
tion and its findings of fact and conclusions of law in support thereof. The 
decree enjoined the defendant (1) from doing or causing any act to be done 
with respect to any article of food while held for sale after shipment in 
interstate commerce, which act would result in the food being adulterated as 
alleged in the complaint, and (2) from placing or causing to be placed 
in its warehouse, any articles of food after shipment in interstate commerce, 
unless, and until, the warehouse was rendered suitable for the storage of 
food; an inspection was made by an authorized representative of the Depart- 
ment of Health, Education, and "Welfare, and a report submitted showing 
that the insanitary conditions in the warehouse no longer existed, and the 
adulterated food being held in the defendant's warehouse, after shipment 
in interstate commerce, was removed from human food channels by destruc- 
tion or otherwise.