30517. Wheat.    (Inj. No. 501.)
COMPLAINT FOR INJUNCTION FILED : 1-11-65, Dist. N. Dak., against Lamb Ele- 
vator Corp., Michigan, N. Dak., R. F. Lamb, president, and A. C. Lamb, 
manager.
CHARGE : The complaint for injunction alleged that the defendants were engaged 
in operating at Michigan, N. Dak., a grain storage facility consisting of two 
wooden crib-type elevators without concrete foundations, for the storage and 
distribution of wheat for human consumption, and that the defendants were 
shipping in interstate commerce wheat which was adulterated within the mean- 
ing of 402(a) (3) and 402(a) (4), in that the wheat consisted in part of a 
filthy substance by reason of the presence in the wheat of rodent excreta 
pellets and rodent urine, and was being held at the defendants' grain storage 
facility at Michigan, N. Dak., under insanitary conditions whereby it may have 
become contaminated with filth.
The complaint alleged further that the insanitary conditions of the defend- 
ants' grain storage facility at Michigan, N. Dak., resulted from and consisted 
of the following:
(A) In the elevator designated as the East House:
(1) Several rodent entry ways visible from the outside of the elevator;
(2) Wooden sheeting of the elevator which has been rodent gnawed;
(3) A heavy concentration of rodent excreta pellets on the main floor of 
the elevator and in some areas of the main floor as many as 200 pel- 
lets per square foot;
(4) Sacks of screenings stored on the main floor which are covered with 
rodent excreta pellets; and
(5) Rodent tracks in the surface of 6 of the 17 bins in the elevator.
(B) In the elevator designated as the West House:
(1) Several rodent entry ways visible from the outside of the elevator;
(2) Wooden sheeting of the elevator which has been rodent gnawed;
(3) A heavy concentration of rodent excreta pellets on the main floor as 
many as 200 pellets per square foot;
(4) A heavy concentration of rodent excreta pellets on catwalks above 
several of the bins;
(5) Spring-type traps which contained approximately 10 dead rodents 
each on a catwalk above the bin designated as #31;
(6) Rodent tracks on the surface of each of the 17 bins in the elevator;
(7) Live mice in some bins;
(8) Rodent excreta pellets in the wheat in the 13 of the 17 bins to which 
access for investigation could be obtained, with a range estimated 
at from 25 pellets per square foot to 100 pellets per square foot along 
the perimeter of the bins, and a proportionately higher number in the 
corners of most bins; and
(9) Rodent nests in 3 bins.
DISPOSITION: On 1-11-65, a temporary restraining order was issued by the 
court. On 4-8-65, after a hearing by the court, a preliminary injunction was 
entered which, until further order of the court, enjoined the defendants from 
directly or indirectly: (1) introducing or causing to be introduced and deliver- 
ing 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 the defendants' grain storage facility at Michigan, N. Dak., unless 
and until:
(a) the elevators were thoroughly cleaned and renovated and rendered suit- 
able for use in connection with the storage of wheat for human consump- 
tion and any similar article of food, namely, unless and until all rodent 
filth was removed from the elevators; all rodent infestation in and about 
the elevators was eliminated; the means of ingress and egress of the 
elevators by rodents were closed; and any similar insanitary conditions 
which might result in contamination of wheat for human consumption or 
any similar articles of food while held at the elevators were eliminated, 
and
(b) all of the wheat which was on hand at the elevators at the time the 
elevators were cleaned, renovated and rendered suitable for the storage 
of food for human consumption, was destroyed, denatured for use as 
animal food, or cleaned and otherwise reconditioned under the supervision 
of a duly authorized representative of the Food and Drug Administration, 
Department of Health, Education, and Welfare, and thus brought into 
compliance with the provisions of the Act;
(2) 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 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.