30254. Dried sugar beet pulp with molasses, and dried sugar beet pulp.    (In. 
No. 512.)
COMPLAINT FOR INJUNCTION FILED: On or about 6-30-65, Dist. Minn., against 
American Crystal Sugar Co., a corporation, East Grand Forks, Minn., and 
J. C. Tanner, general manager.
CHARGE: The complaint alleged that the defendants were engaged in operating 
at East Grand Forks, Minn., a sugar 'beet processing plant for the production, 
in part, of dried sugar beet pulp with molasses, and dried sugar beet pulp, 
foods within the meaning of the Act, and had been and were then shipping in 
violation of the law such foods which were adulterated within the meaning 
of 402(a)(2)(C).
The complaint alleged further that such foods were adulterated by the 
presence therein of a food additive, dieldrin, which was unsafe within the 
meaning of 409, since it and its use and its intended use were not in con- 
formity with a regulation or exemption.
The complaint alleged also that the defendants had on hand, at the plant, 
stocks of such foods, namely, approximately 40,000 50-pound bags of dried 
sugar beet pulp with molasses and approximately 30,000 50-pound bags of 
dried sugar beet pulp, which stocks of such foods had been sampled and 
analyses performed thereupon. Copies of the reports of the analyses had been 
supplied to the defendants and the reports revealed that both the dried sugar 
beet pulp with molasses and the dried sugar beet pulp contained dieldrin. 
Such stocks of dried sugar beet pulp with molasses and dried sugar beet pulp 
constituted a menace to interstate commerce by reason of their dieldrin 
content.
DISPOSITION : On or about 6-30-65, the court denied a motion for a temporary 
restraining order which had been sought by the Government at the time the 
complaint was filed. On 8-3-65, a consent decree for preliminary injunction 
was filed.
The decree enjoined the defendants from shipping in interstate commerce, 
for sale or other purposes, any portion of the stock of dried sugar beet pulp 
with molasses and dried sugar beet pulp then on hand at the sugar beet 
processing plant of American Crystal Sugar Co., East Grand Forks, Minn., 
consisting of approximately 22,880 50-pound bags of dried sugar beet pulp 
with molasses and approximately 21,000 50-pound bags of dried sugar beet 
pulp.
The decree also provided that the preliminary injunction would not restrain 
or enjoin the defendants from exporting all or any portion of the stock of
dried sugar beet pulp and dried sugar beet pulp with molasses in compliance 
with the provisions of section 801 (d) of the Act; and that prior to any shipment 
for export of any portion of the stock, defendants should first obtain written 
approval for such shipment from a duly authorized representative of the Food 
and Drug Administration of the Department of Health, Education, and Wel- 
fare, on the basis of evidence submitted by the defendants and reasonably 
satisfactory to the Food and Drug Administration that the defendants had 
complied with the provisions of 801 (d).