25414. Cider, vinegar, and an acidulated mixture of water and limejuice.   (In.
No. 330.) 
COMPLAINT FOR INJUNCTION FILED:   2-27-58, Dist. N.H., against Harold M. 
Richardson, wa Richardson Vinegar Works, and against Lime Products, Inc., 
Derry, N.H.
CHARGE : The complaint alleged that the defendants were operating a plant for 
the preparation, storage, and distribution of cider, vinegar, and an acidulated 
mixture of water and limejuice, and that the defendants had been and were 
introducing and causing to be introduced into interstate commerce, such articles 
which were adulterated within the meaning of 402(a) (3) and (4) by reason 
of contamination of the articles with insects, insect fragments, insect eggs, 
mites, and maggots; the use of wormy apples in the preparation of the cider 
and vinegar; the presence of vinegar eels in the vinegar; the use of rotten 
apples in the preparation of the cider and vinegar; and by reason of the articles 
being prepared, packed, and held under insanitary conditions at the defendants' 
plant at Derry.
It was alleged that the insanitary conditions resulted from and consisted 
of the presence of large numbers of rotten and wormy apples in the stock of 
apples held in storage bins; deposits of vegetable debris (leaves, grass, stems 
and pieces of apples, and apple pulp) on the conveyor belt carrying the apples 
from the storage bins to the grinder and over the open bin leading to the grind- 
er ; hundreds of fruit flies on the apples in the open bin leading to the grinder 
and on the frame work of the hydraulic press used to squeeze the juice from 
the ground apples; insects, including fruit flies, insect fragments, insect eggs, 
mites, and maggots on the inside walls of the storage tanks of the articles; 
vinegar eels in the vinegar in the storage tanks; apple pomace stacked just 
outside the plant and attracting hundreds of fruit and house flies; and 
unscreened windows and doors throughout the plant.
It was alleged also that the acidulated mixture of water and limejuice 
was misbranded within the meaning of 403(a), in that the label statement 
"Lime Fruit Juice" was false and misleading as applied to a mixture con- 
sisting of water, limejuice, benzoate of soda, and citric acid; and 403(i) (2), 
in that the label of the mixture failed to bear the common or usual name
of each ingredient, since the label failed to declare the presence of citric acid.
It was alleged further that on January 13, 1958, the defendants had on 
hand stocks of the articles which in the ordinary course of business would be 
shipped in interstate commerce, and that such stocks constituted a menace 
to interstate commerce because of contamination with filth.
The complaint alleged further that the defendants were well aware that 
their activities violated the Act; that various inspections had been made by 
the Food and Drug Administration, at which times the insanitary conditions 
in the plant were called to the attention of the defendants; and that despite 
such warnings, the1 defendants failed to correct the insanitary conditions in the 
plant and continued to introduce into interstate commerce, the articles which 
were adulterated and misbranded as specified above. 
DISPOSITION : On 5-7-58, the defendants having consented, the court entered a 
decree permanently enjoining and restraining the defendants from introducing 
into interstate commerce, cider or vinegar which was adulterated within the 
meaning of 402(a) (3) and (4) as alleged in the complaint, or any acidulated 
mixture of water and limejuice which was adulterated within the meaning of 
402(a)(3) and (4), or misbranded within the meaning of 403(a) and 
403 (i) (2) as alleged in the complaint. The order also enjoined defendants 
against introducing into interstate commerce, any of the stocks of the articles 
which were on hand at the defendants' plant on 1-13-58, unless and until such 
stocks were processed or disposed of, and the conditions at the defendants' 
plant were corrected and brought into compliance with the Act in accordance 
with the following provisions:
(a) that all sweet cider be analyzed by the Food and Drug Administration 
and its disposition determined on the basis of the results of the analyses; (b) 
that the middle layer of vinegar in each tank be layered off and filtered before 
bottling and sale; (c) that the bottom and top layers of vinegar in each tank 
be destroyed; (d) that the tanks and vats in defendants' plant be recondi- 
tioned and cleaned under supervision of the Food and Drug Administration; 
that repairs and improvements be made to the plant and its equipment to 
insure that they be kept free from filth and debris; that defendants dispose 
of all citric acid on hand; and that all "Princess Ann West India Lime Fruit 
Juice" labels be destroyed or brought into compliance with the Act.