27039. Dressed poultry. (In. No. 304.) COMPLAINT FOR INJUNCTION FILED : 12-21-56, W. Dist. N.C, against the Hanline Poultry Co., a corporation, Charlotte, N.C, and William C Hanline, president and treasurer of the corporation. CHARGE : The complaint alleged that the defendants were engaged in preparing and distributing dressed, eviscerated poultry and had been and were 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, intes- tines, sex organs, gall bladders, and other inedible viscera, and by reason of the preparation, packing and holding of the poultry at defendants' plant under insanitary conditions. It was alleged further that the insanitary conditions resulted from and consisted of the presence of fecal matter, feathers, intestines and other offal, and other miscellaneous dirt and debris on the floors in and around the equipment used in the preparing, packing, and storing of poultry; the method of making the abdominal cut which severs several loops of the intestines causing fecal material to be spread over the inside of the body cavity; the use of dirty ice in packing the finished product, storing knives and steel sharpener in the offal trough under the line where the opening cut is made on the birds; placing birds which had fallen on the floor on the line or into chill tanks without washing them; and other similar insanitary practices on the part of the defendants and their employees whereby the poultry prepared, packed, and held in the plant was subjected to contamination. 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 of the defendants' plant by the Food and Drug Administration; that notice of hearing pursuant to Section 305 had been issued to the defend- ants; and that despite such warnings, the defendants 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 1-7-57, the defendants having consented to the entry of a decree without admitting any violations of the Act, the court entered a decree of preliminary injunction which enjoined and restrained the defendants, pend- ing a final hearing on the matter, from introducing or causing to be introduced into interstate commerce dressed eviscerated poultry or any other such article of food which was so contaminated or packed as to render such food adul- terated within the meaning of 402 (a) (3) and (4). On 11-13-58, the court having found that the defendant corporation had discontinued its poultry processing business as of 10-23-58, and had issued a notice to creditors to consider liquidation of the firm's assets, an order was entered to vacate the preliminary injunction and dismiss the action.