13253. Action to enjoin and restrain the interstate shipment of butter. U. S. v. 
South Mountain Dairies, Inc. Consent decree granting injunction. (Inc. 
No. 188.)
COMPLAINT FILED: February 10, 1948, District of Maryland, against South 
Mountain Dairies, Inc., Middletown, Md.
NATURE OF-CHARGE: That the defendant had been and was at the time shipping 
in interstate commerce, butter which was adulterated as follows: Section 
402 (a) (3), it consisted in part of filthy substances by reason of the presence 
of rodent hairs, rodent hair fragments, insect fragments, feather fragments, 
mold, and other filth, and by reason of the use of filthy cream in the manu- 
facture of the butter; and, Section 402 (a) (4), it had been prepared, packed, 
or held under insanitary conditions at the defendant's Middletown plant, 
whereby it may have become contaminated with filth.
The complaint alleged further that the insanitary conditions in the plant 
where the butter had been and was being prepared, packed, and held, resulted 
from and consisted of the presence of rodents, rodent excreta, bird excreta, 
and insects in and around places in the plant where butter had been and was 
being prepared, packed, and held, and in and around equipment and raw ma- 
terials used for preparing, packing, and holding of butter, thereby contaminating 
the butter and subjecting it to contamination by rodents, birds, insects and 
their excreta, and other filth; that the defendant continued to ship in interstate 
commerce adulterated butter and would continue to ship such butter in inter- 
state commerce, unless enjoined from so doing.
mission of the acts complained of, and that a preliminary injunction be granted 
during the pendency of the action.
DISPOSITION : June 15,1948. The defendant having filed an answer denying the 
manufacture and interstate shipment of adulterated butter but having con- 
sented to the entry of a decree without contest and before any testimony had 
been taken, the court issued an order perpetually enjoining the defendant and 
its officers, agents, and employees from shipping in interstate commerce any 
adulterated food products, specifically butter, which they had manufactured 
or prepared for shipment or would manufacture and prepare for shipment.