29216. Wheat.    (Inj. No. 403.)
COMPLAINT FOR INJUNCTION FILED: 5-12-61, Dist. S. Dak., against Emil Perman 
Elevator, a partnership, Greenway, S. Dak., and Edward Odenbach, manager.
CHARGE: The complaint for injunction alleged that the defendants were en- 
gaged in the operation, at Greenway, S. Dak., of a grain storage facility 
consisting of two elevators, each of a wooden crib construction and a steel 
quonset storage building, for the storage and distribution of wheat for human 
consumption,- and were shipping in interstate commerce ^wheat which was 
adulterated within the meaning of 402(a)(3) and 402(a)(4) in that the 
wheat consisted in part of a filthy substance by reason of the presence of 
rodent excreta, and rodent urine in it, and was being held at the defendants' 
grain storage facility at Greenway, S. Dak., under insanitary conditions 
whereby it might have become contaminated with filth.
The complaint alleged further that the insanitary conditions of the defend- 
ants' grain storage facility at Greenway, S. Dak., resulted from and consisted 
of the presence in the elevator designated as No. 2 House of the following: 
bird feathers and approximately 50 rodent pellets in the southwest corner of 
the headhouse; bird excreta under the north window of the headhouse and 
less than 6 inches from a spout leading into a storage bin; approximately 200 
rodent pellets along the walls of the southeast corner of the headhouse; 
approximately 150 rodent pellets on the floor at bin-top level and at the edge 
of an opening leading directly into bin No. 2; residues of spilled grain beneath 
the elevator which all appeared to have been leveled by animal traffic; trails 
caused by rodent activity on the surface of the wheat in every bin; hundreds 
of rodent pellets on the surface of the wheat in every bin; approximately 100 
•mouse pellets scattered over the entire floor at bin-top level; and the presence 
in samples of surface wheat from the bins of rodent urine and of rodent 
pellets ranging in number from 33 to 370 pellets.
The complaint alleged further that the defendants were well aware that
, their activities were in violation of the Act; that inspections of the defendants'
grain storage facility at Greenway, S. Dak., were made on 2-19-59, 5-7-59,
?See also No. 29236.
and 3-8/9-61, by inspectors of the Food and Drug Administration; that at 
each inspection evidence of rodent activity was readily visible in the part of 
the grain storage facility designated No. 2 House; that the defendants had 
been aware from the first- inspection that wheat for human consumption was 
being stored under insanitary conditions in their grain storage facility; and 
that despite the warning conveyed to the defendants by -the inspections, the 
defendants had failed to correct the insanitary conditions at the grain storage 
facility and continued to ship into interstate commerce, wheat which was 
adulterated as specified above. 
DISPOSITION: On 5-12-61, a temporary restraining order was issued by the 
court and on 5-29-61, a consent decree of permanent injunction was filed 
which enjoined the defendants from directly or indirectly introducing or caus- 
ing to be introduced and delivering or causing to be delivered for introduction 
into interstate commerce in violation of the Act, wheat for human consumption 
and any similar article of food which was adulterated within the meaning 
of 402(a) (3) in that it consisted in part of a filthy substance, and within the 
meaning of 402(a) (4) in that it had been held under insanitary conditions 
whereby it may have become contaminated with filth; and directly or in- 
directly introducing or causing to be introduced and delivering or causing to 
be delivered for introduction into interstate commerce in violation of the 
Act, wheat for human consumption and any similar article of food held at 
defendants' grain elevator designated as No. 2 House, at Greenway, S. Dak.-; 
and all of such prohibition remaining in full force and effect until
(a) the elevator was thoroughly cleaned and renovated and rendered 
suitable for use in connection with the storage of wheat for human consump- 
tion and any similar article of food, namely, until all rodent and bird filth 
was removed from the elevator and the equipment used in storing such food 
was cleaned; all rodent and bird infestation in and about the elevator was 
eliminated; the means of ingress and egress of the elevator by rodents and 
birds were closed; and any similar insanitary conditions which might result 
in the contamination of wheat for human consumption or any similar article 
of food while held at the elevator were eliminated;
(b) all of the wheat which was on hand at the elevator at the time the 
elevator was cleaned, renovated and rendered suitable for the storage of food 
for human consumption was destroyed, denatured for use as animal feed, or 
cleaned and otherwise reconditioned under the supervision of a duly author- 
ized representative of the Food and Drug Administration, Department of 
Health, Education, and Welfare; and
(c) an inspection was made of the elevator by a duly authorized representa- 
tive of the Food and Drug Administration, Department of Health, Education, 
and Welfare, and a report made to the court which showed that the above- 
described, or any similar insanitary conditions, no longer existed, and that 
the foods for human consumption described in subparagraph (b) above had 
been destroyed, denatured, or brought into compliance with the law as 
provided in subparagraph (b) above.
On 7-13-62, an inspection was made in accordance with the terms of the 
injunction. On 8-14-62, pursuant to stipulation between the parties, it being 
made to appear that the defendants had complied with all of the terms- of the 
consent decree of permanent injunction and had paid all costs, the court 
ordered the dissolution of the consent decree of permanent injunction."
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29201-293001 
NOTICES   OF  JUDGMENT 
97