29315. Noodle products.   (Inc. No. 397.)
COMPLAINT FOR INJUNCTION FILED : 2-7-61, N. Dist. Ill. against Chicago Maca- 
roni & Food Products Co., a corporation, Chicago, Ill., and Joseph S. Matalone, 
president.
CHARGE : The complaint alleged that the defendants were engaged in the busi- 
ness of preparing, packing, holding, and distributing macaroni, spaghetti, 
noodles, and similar products in interstate commerce, which products were 
adulterated within the meaning of 402(a) (3) in that they contained insects, 
insect fragments, rodent hairs, rodent urine, and rodent excreta, and within 
the meaning of 402(a) (4) in that they were prepared, packed, and held under 
insanitary conditions.
The complaint alleged also that the insanitary conditions at the defendants' 
plant at Chicago, Ill., resulted from and consisted of an old building of brick 
and wood construction in such state of repair that rodents were afforded easy 
access to the building; on the first floor in the northeast end of the warehouse 
section there were approximately 1,000 rodent excreta pellets in an area of 
approximately two square feet, and pellets were near a door that fitted so 
loosely that rodents were able to enter the building through an opening under 
the door; in the southwest corner of the first floor rodent pellets were noted 
along the inside and outside walls of the room and approximately 35 rodent 
pellets were noted in an area of about one square foot in the southwest corner 
of this room. The first floor room was used for holding noodles and macaroni 
products which had been dried and were waiting packaging. The products 
stored in this room were contained in trays with fine wire'mesh bottoms and 
were stacked on racks. In one of the racks one rodent pellet was found in 
each of five empty trays, and two rodent pellets were found in one tray. Five 
pellets were found in one tray containing noodles and one pellet was found 
in another tray of noodles. All of the noodles containing rodent pellets were 
analyzed and found to contain rodent urine. In the west room of the fourth 
floor, approximately 35 rodent pellets were noted in an area of approximately 
-one square foot. On the second floor where spaghetti was discharged from the 
preliminary drier, approximately 100 rodent pellets were noted in an area of 
one square foot. On the second floor also in a corner near the spaghetti 
drying rooms, a dead mouse containing maggots was found. On the third 
floor the edges of trays containing noodles and awaiting packaging were 
covered with a deposit of dust.
The complaint alleged further that the defendants were aware that their 
activities were in violation of the Act; that the defendants had pleaded guilty 
to criminal charges based on violations of the Act; and that despite this 
knowledge, the defendants continued to ship such adulterated foods.
DISPOSITION: On 2-8-61, a temporary order was entered restraining the 
defendants from introducing or causing to be introduced and delivering or 
causing to be delivered for introduction into interstate commerce, (1) foods 
such as spaghetti, macaroni, and noodles or other similar articles which were 
adulterated within the meaning of 402(a) (3) and (4) ; (2) and any such 
foods then held at the defendants' plant unless and until (a) the plant was 
thoroughly cleaned, renovated, and rendered suitable for use in the prepara- 
tion, packing, and holding of foods for human consumption, unless and until 
all rodent and insect filth in and about the plant was eliminated, the means 
of ingress and egress for rodents and insects were closed, and any similar 
insanitary conditions which might result in the contamination of foods for 
human consumption while prepared, packed, or held at the plant were elimi- 
nated, and (b) all of the foods on hand at the plant were destroyed, denatured 
for use as animal feed or otherwise reconditioned under the supervision of 
the Food and Drug Administration, and (c) an inspection was made and a 
report made to the court, showing that the insanitary conditions no longer 
existed and that the foods were brought into compliance with the law.
On stipulation of the parties, the temporary order was extended until 
9-15-61. On 9-7-61, the Food and Drug Administration made an inspection 
and the inspectors were informed that the firm no longer was manufacturing 
macaroni products and had sold its manufacturing equipment, that articles 
packed under the firm's brand name were manufactured elsewhere, that the 
firm had moved to a different building which was being used for the storage
of foods prior to their distribution, and that sanitary conditions were in 
general satisfactory. Consequently, on 9-27-61, the temporary order was 
vacated and the case was dismissed.