25164. Wheat. (Inj. No. 332.) COMPLAINT FOR INJUNCTION FILED : 5-5-58. Dist. S. Dak., against South Dak( Wheat Growers Association, a corporation, Aberdeen, S. Dak., and Charles Croes, general manager and treasurer. CHARGE: The complaint alleged that the defendants operated grain elevate at Nahon, Plana, Randolph, Takoma Park, and Verdon, S. Dak.; that t elevators which were of wood construction with crib-type bins were op only during harvest season, and when specific shipments were being load out or being received; that at all other times the elevators were closed, ai there were no local managers on the premises; that the defendants we engaged in storing and distributing wheat for human consumption; and th the defendants had been and were at the time of filing the complaint eausii to be introduced and delivered for introduction into interstate commerce wheat which was adulterated within the meaning of 402(a)(3) and (4) I reason of contamination with rodent, insect, and bird filth, and by reasc of being held under insanitary conditions at the defendants' elevators an annexes at the above-mentioned places. It was alleged further that the insanitary conditions resulted from an consisted of the following: Nahon Elevator No. 1—bird and rodent excreta pellets and static gram t a depth of y2 inch in the driveway; rodent holes in the outside elevator walls rodent-gnawed holes into the side of the elevator from the outside, and rodent ?See also Nos. 25158, 25160, 25197, 25211, 25228. r ?«tunneling into the dirt outside the elevator walls; a dead mouse in the static Sr grain on the first floor, and rodent pellets over the entire first floor; dead mice, i large animal or human excreta, rodent pellets, and two inches of static grain , over the entire floor of a storage bin; rodent pellets and rodent trails on the , surface of the stored wheat in bins; a rodent nest on the surface of stored K wheat, and a dead cat, a dead rat, dead mice, rodent tunnels, and static grain underneath the elevator. Nahon Elevator No. 2—a dead mouse, live birds, and rodent pellets and i bird excreta over the entire first floor; rodent pellets on the landings of the r stairs between the first floor and headhouse; rodent pellets on the floor of < the headhouse; a dead mouse, a live mouse, rodent pellets, rodent tunneling, I and rodent trails on the surface of the stored wheat; and rodent holes in i the walls of grain bins; dead mice and rodent pellets on the floor of a grain * bin: and a rodent runway in the dust on the top of the crib wall of a grain bin. Nahon Elevator No. 3—a dead bird, dead mice, a live bird, rodent pellets, • and up to one foot of static grain covered with rodent excreta and bird ? excreta in a large hopper bin underneath an overhead chute on the first ^ floor; bird excreta pellets and static grain and dust up to one-half inch deep 1? on the gallery floor; a live bird, rodent pellets, and bird excreta on the 6" floor and ledges up to a depth of two inches in the headhouse; rodent pellets p- and rodent tracks on the surface of the stored grain; a dead bird on the b* surface of stored grain; and a dead cat and piles of static oats underneath | the elevator. for Plana Elevators No. 1 and 2 and attached annex—rodent and bird excreta |f-pellets over the entire first floor, and bird excreta pellets also on the elevator p£ scales in Elevator No. 1; rodent pellets, insect skins, and static grain and pdust up to one-quarter inch deep over the entire headhouse floor of Elevator f,No. 1; rodent pellets and large animal or human excreta in the gallery of J? Elevator No. 1; rodent pellets on the surface of wheat and on the ledge along Ifae side of a grain bin, and live mice on the surface of the stored grain in Elevator No. 1; the presence of rodent pellets on the floor, bird excreta pellets gPQ the ledge, and static grain and dust up to two inches deep around the Ppenings to the bin chutes in the headhouse of Elevator No. 2, as well as ro- dent pellets on the surface of the grain in the bins of such elevator; an ex- jpemely penetrating odor of skunk underneath the elevators; the presence of openings along the top and between the centers of the driveway doors, live jnrds flying over the wheat, and rodent pellets on the surface of the wheat the annex. Randolph Elevator No. 1 and annex—dead mice and rodent excreta pellets |oa the first floor; static wheat and dust up to four inches deep covering the entire floor area of the headhouse, along with insect runs and rodent pellets ; pe and dead mice, rodent pellets, rodent entry holes in the walls, and rodent e*lets on the sill over a grain bin; a dead rat, rodent tunnel holes, and ftcks of static wheat with rodent tunneling underneath the elevator; rat pellets on the surface of the wheat inside the annex, and a dead rat, dead K^6, and r°dent pellets between the inner and outer walls of the annex. H tandolph Elevator No. 2—static wheat, dead mice, rodent pellets, and Jal or human filth on the first floor; rodent pellets and bird pellets around walls, all walkways and ledges over bins, the ledge at the junction of the !^i and the wall, and on the floor area of the headhouse; and rodent pellets the surface of the stored wheat. half inch wide offering access to rodents; a hole in the inside south wa the first floor leading to rodent tunneling in the outside wall, with the underneath the hole covered with rodent pellets, bait, and miscellan debris; dead mice, rodent pellets, and static grain throughout the entire: floor and on the clipper type cleaner; static grain up to one inch deep on floor of the headhouse with rodent pellets and rodent trails through!! static grain; a rodent runway leading to a drive motor, and rodent-gnaljf holes in 2" x 6" studs leading to the wall in.the headhouse: a mouses! and a live mouse in static grain in a hopper scale; rodent runways along) north wall, rodent-gnawed holes in 2" x 6" studs, and rodent pellets insect skins on the gallery floor; dead rodents, some partially consume rodent pellets and rodent trails on the surface of stored wheat; rodent hot in the walls of grain bins; a badly cracked concrete foundation allowingea access to rodents; static grain up to four inches deep underneath the elevator with numerous rodent tunnels into the ground, and openings on the top^ the fruit and back pits with a rodent hole into the back pit underneath f elevator. Verdon Elevator No. 1—live birds flying through the building, bird ne at the junction of the wall and the roof of the building outside, and open between the top of the doors and the wall; bird pellets over the entire; floor and near the manlift; rodent pellets and a dead mouse on the first fine and up to one foot of static grain with a mouse nest and a dead mouse in hopper-type scale on the first floor; rodent pellets and rodent trails on til surface of the wheat stored in bins with rodent holes in the bin walls; rodaf tunneling, musty wheat, and dead mice on the surface of stored wheat; rodent pellets, bird pellets, insect skins, and static dust up to a depth of one-hall inch over the entire headhouse floor; and bird feathers, bird excreta, rodent pellets and about 50 bushels of static grain in the fruit dump pit. "A Verdon Elevator No. 2—openings above the door, live birds, bird excreta and rodent pellets in the driveway; rodent pellets inside the scale box an all over the first floor; live rodents, rodent pellets, and rodent trails on t8 surface of the wheat stored in the bins; rodent holes in the walls of grape bins; an opening in the side of the back dump pit providing access to rodents static grain up to a depth of one foot in the fruit dump pit; a dead a j dead cat, rodent tunnels into the dirt, rodent pellets, and two piles of statij wheat underneath the elevator; a dead eat near the north outside wall; deal cats, a live rat, many pieces of tin, and other debris in the area immediate! surrounding the elevator; and rodent tunneling around the elevator, and rodent hole in the outside east wall of the elevator about five feet above tm grain. If DISPOSITION : 5-15-58. The defendants having consented, the court entered! decree of permanent injunction enjoining the defendants from directly or il directly causing to be introduced or delivered for introduction into interstate commerce, wheat, for human consumption, held in the defendants' elevatott and annexes at Nahon, Plana, Randolph, Takoma Park, and Verdon, S. Dalf unless and until the following acts were done: 1 (a) the elevators and annexes were thoroughly cleaned, renovated, aD r^ dered suitable for the storage of wheat for human consumption, and all rodent bird, animal, and insect filth, and accumulations of static grain and dust wag removed from the elevators and annexes, and all equipment used in storin| such wheat was cleaned; all rodent, bird, animal, and insect infestation wa eliminated and their means of ingress and egress to the elevators and annexes ?ere closed; all dead animals were removed and any similar insanitary con- ditions were eliminated; (b) all of the wheat for human consumption on hand in the Takoma Park Band Verdon elevators was inspected by a representative of the Food and Drug pAdministration, a detailed report of the conditions of the wheat was made to the court, and a further order of the court thereafter entered; (c) an inspection was made of the defendants' elevators and annexes by fjha representative of the Food and Drug Administration and a report made to ;the court showing that the above-described insanitary conditions no longer i existed.