28852. Frozen breaded shrimp, breaded soft shell crabs, breaded frog legs,
breaded scallops, and fried chicken.    (Inc. No. 393.) 
COMPLAINT FOR INJUNCTION FILED:   2-8-61, S. Dist. N.Y., against Red Food 
Co., Inc., Bronx, N.Y., Bernard Nichols, president, and Harold Nichols, secre- 
tary, treasurer and manager of the corporation.
CHARGE: The complaint alleged that the defendants were engaged in prepar- 
ing, packing, holding and distributing various types of food products includ- 
ing frozen breaded shrimp, breaded soft shell crabs, breaded frog legs, breaded 
scallops, and fried chicken, and in causing to be introduced and delivered for 
introduction into interstate commerce such foods which were adulterated 
under 402(a) (3) because of the presence in the foods of rodent hairs, rodent 
filth, insect parts, insect filth, cigarette ashes, pieces of plastic materials and
other foreign substances-and coliforms and other bacterial organisms, and 
under 402(a) (4) by reason of being prepared, packed, and held under insani- 
tary conditions.
It was alleged further that the Adulteration of the foods resulted from inade- 
quate manufacturing facilities including unscreened doors and windows, holes 
in walls, lack of doors to areas not used for manuf acttiring, all of which per- 
mitted the entry of rodents and insects to the manufacturing areas; improperly 
designed equipment which is difficult or impossible to clean; inadequate toilet 
facilities; inadequate employee sanitary training; careless practices on the 
part of officers and employees of the corporate defendant in the preparation, 
packing, holding and handling of the various foods; unclean walls, floors and 
other surfaces throughout the plant, which walls, floors and surfaces contain 
encrusted and decomposing food debris; inadequate cleaning practices and 
cleaning agents; lack of care of cleaning brushes and other cleaning agents; 
inadequate facilities for the washing of shrimp and other foods; lack of sepa- 
rate cleaning facilities for shrimp and poultry which permits cross- 
contamination ; the reuse of spoiled breading materials which have been exposed 
to contamination and the use of breading material in which foreign substances 
are contained; inadequate storage areas which prevent proper cleaning of 
supply storage sections; the presence of insects and rodents including flies, 
ants, mice, and rats in the plant, which vermin are also to be found on or 
near the equipment used and the food being prepared and packed; lack of 
qualified supervisory personnel; generally poor sanitary housekeeping and 
lack of other precautions essential to the preparation, packing, and holding 
of food under sanitary conditions.
The complaint alleged further that the defendants were well aware that 
their activities were in violation of the Act. At the conclusion of inspections 
of the defendants' plant on 8-11-59, 7-25-60, and 1-23-61, the defendants were 
notified of the insanitary conditions then existing at the plant, and, at a hearing 
held on 2-16-60, the defendants were notified of the insanitary conditions 
then existing at the plant, and that despite such warnings the defendants 
failed to correct the insanitary conditions and continued to introduce into 
interstate commerce foods which were adulterated as specified above. 
DISPOSITION : 2-8-61. The defendants were enjoined pending a hearing on an 
order to show cause from causing to be introduced and delivered into inter- 
state commerce foods which were adulterated as described above. On 2-15-61, 
the defendants having consented, the court entered a decree of permanent 
injunction enjoining the defendants against causing the introduction and 
delivery for introduction into interstate commerce of foods which are adulter- 
ated as alleged in the complaint. The defendants were also enjoined against 
causing the introduction and delivery for introduction into interstate com- 
merce of foods which have been prepared, packed, and held in the defendants' 
plant.unless and until:
(a) the plant is thoroughly cleaned and rendered suitable for use in connec- 
tion with the preparation, packing, and holding of foods for human consump- 
tion; all rodent and insect filth is removed from said plant; the equipment 
used in the preparation, packing, and storing of said foods is cleaned, replaced, 
or made suitable for use in the preparation, packing, and storage of foods for 
human consumption; all rodent and insect filth in and about said plant is 
eliminated; the means of ingress and egress by rodents and insects are closed; 
and any similar insanitary conditions which may result in the contamination
of foods for human consumption while prepared, packed, or held at said plant 
are eliminated;
(b) all of the foods on hand at the plant at the time the plant is cleaned, 
renovated, and rendered suitable for the preparation, packing, and storage of 
food for human consumption are destroyed, denatured for use as animal feed, 
or cleaned or otherwise segregated, reconditioned, processed or disposed of 
under the supervision of a duly authorized representative of the Food and 
Drug Administration, Department of Health, Education, and Welfare, and all 
expenses of such supervision are paid by the defendants;
(c) sufficient qualified and experienced personnel, including supervisory 
personnel, are employed in the plant to properly operate it;
(d) an employee sanitary training program is established; and
(e) an inspection is made of the plant by a duly authorized representative 
of the Food and Drug Administration, Department of Health, Education, and 
Welfare, all expenses of such inspection being paid by the defendants and a 
report made to the court which shows that the above-described or any similar 
insanitary conditions no longer exist and that the foods for human consump- 
tion described in subparagraph (b) above, have been destroyed, denatured, or 
brought into compliance with the law.