29007. Frozen cakes. (Inc. No. 420.) COMPLAINT FOR INJUNCTION FILED : 10-5-61, N. Dist. Ga., against Southern Bak- eries Co., a corporation, Atlanta, Ga., Ogden A. Guilfuss, president of the cor- poration, and Charles R. Loyd, manager of the corporation's plant on Highland , Ave., N.E., Atlanta, Ga. CHARGE: The complaint alleged that the defendants were engaged at the cor- poration's Highland Avenue plant in the business of preparing, packing, and storing for shipment in interstate commerce, and causing to be introduced and delivered for introduction into interstate commerce, frozen cakes which were adulterated as follows: 402(a) (3)—the articles contained moth larvae, insects fragments, and rodent hairs; and 402(a) (4)—the articles had been prepared,^ packed, and held under insanitary conditions. The complaint alleged further that the insanitary conditions at the above- mentioned plant resulted from and consisted of the presence of live adult insects and larvae in the cake flour handling equipment including the elevator boot of the cake dump hopper, the cake flour sifter, siftings from the sifter, and the spout from the sifter which leads directly to the weighing hopper over the dough mixer, the practice of employees shaking the bags of flour over the cake flour hopper without first brushing off the outsides of the bags, the presence in samples of flour collected from the cake flour handling equip- ment of adult and larval Tribolium and cigarette beetles, and larval cast skins from Tribolium beetles, live adult insects and larvae in various parts of the bread flour handling equipment including the top of the bulk flour storage bins, the auger which carries flour from the bulk bins to the sifter, the sift- ings from the sifter and a bucket placed under the overflow pipe extending from the scale hopper, the presence in samples of flour collected from the bread flour handling equipment of sawtooth grain beetles, Tribolium beetles, cigarette beetles, and larval cast skins from Tribolium beetles, the presence of dead roaches and mouse excreta pellets in the raw materials storage room near a number of 100-lb. bags of cake flour, and the presence of numerous house- flies in the cake department, broken and ill-fitting windows and screens in the plant, and outside doors standing open all day thereby permitting the entry of flies and other pests into the plant. The complaint alleged also that the defendants had stored at a commercial cold storage firm in Atlanta, Ga., assorted frozen cakes produced at the de- fendants' Highland Avenue plant and consisting of 78,060/12-oz. packages la- beled in part "Southern-Banana Nut Cake," 25,424/17-oz. packages labeled in part "Southern Cocoanut Cake," 20,652/12-oz. packages labeled in part "South- ern Caramel Cake," and 17,360/18-oz. packages labeled in part "Southern Chocolate Cake"; that such frozen cakes constituted a menace to interstate commerce because they were adulterated in the manner hereinbefore described; that defendants had been previously warned by plant inspections and a notice of hearing of the insanitary conditions in their plant; and that despite such warnings, the defendants continued to cause introduction and delivery for in- troduction into interstate commerce of adulterated foods. DISPOSITION : On 10-5-61, a temporary restraining order was entered enjoining the defendants against the actions complained of. On 10-12-61, with the parties agreeing, the court entered a preliminary injunction enjoining the de- fendants from directly or indirectly doing the following acts: (a) introducing or causing to be introduced and delivering or causing to be delivered for introduction into interstate commerce, foods consisting of cakes and other bakery products which contain moth larvae, insect fragments, rodent hairs, or other filth, or which have been prepared, packed, and held under insanitary conditions whereby they may have become contaminated with filth; (b) introducing or causing to be introduced and delivering or causing to be delivered for introduction into interstate commerce, the frozen cakes now stored to the account of Southern Bakeries Co., at Commercial Cold Storage, Inc., 3485 Empire Boulevard, S.W., Atlanta, Ga., which cakes were produced at the defendants' plant at 375 Highland Avenue, N.E., Atlanta, Ga., between 8-10-61 and 8-25-61, and consist of the following: 78,060/12-oz. packages, more or less, of an article labeled in part: "Southern-Banana Nut Cake Beady to Serve No Baking * * * Frozen Foods Division of Southern Bakeries, General Offices, Atlanta, Georgia." (Packed under Codes "H 10." "H 11," "H 23," "H 24," and "H 25".); 25,424/17-oz. packages, more or less, of an article labeled in part: "Southern Cocoanut Cake Ready to Serve No Baking * * * Frozen Foods Division of Southern Bakeries, General Offices, Atlanta, Georgia." (Packed under Codes "H 15,'' "H 16," and "H 17".) ; 20,652/12-oz. packages, more or less, of an article labeled in part: "Southern Caramel Cake Ready to Serve No baking * * * Frozen Foods Division of Southern Bakeries, General Offices, Atlanta, Georgia." (Packed under Codes "H 22," and "H 23".) ; and 17,360/18-oz. packages, more or less, of an article labeled in part: "Southern Chocolate Cake Ready to Serve No baking * * * Frozen Foods Division of Southern Bakeries, General Offices, Atlanta, Georgia." (Packed under Codes "H17" and "H18".) ; (c) causing any food after its shipment in interstate commerce to be held 1 processed at defendants' plant at 375 Highland Avenue, N.E., Atlanta, Ga., ider insanitary conditions whereby such food may become contaminated with th; and (d) introducing or causing to be introduced and delivering or causing to i delivered for introduction into interstate commerce, foods consisting of .keg and other bakery products prepared, packed, and held at defendants' ant at 375 Highland Avenue, N.E., Atlanta, Ga., unless and until: (i) the plant is thoroughly cleaned and rendered suitable for use in connection with the preparation, packing, and holding of foods for human consumption, to wit, unless and until all rodent and insect filth is removed from said plant, and the equipment used in the preparation, packing, and storing of said foods is cleaned and made suitable for use in the prepara- tion, packing, and storage of foods for human consumption; all rodent and insect infestation in said plant is eliminated; the means of ingress and egress by rodents and insects are eliminated, and any similar insani- tary conditions which may result in the contamination of foods for human consumption while prepared, packed, and held in said plant are eliminated; (ii) all of the foods on hand at said plant at the time said plant is cleaned, and rendered suitable for the preparation, packing, and storage of food for human consumption axe destroyed, denatured for use as ani- mal feed, or cleaned, segregated, or otherwise reconditioned under the supervision of a duly authorized representative of the Food and Drug Administration, Department of Health, Education, and Welfare, and all expenses of such supervision are paid by the defendants at the rate -of $6 per hour or part thereof per representative for the supervision, $7 per hour or part thereof per person for laboratory and analytical work, and $12 per day per person for subsistence expenses; and (iii) an inspection is made of said plant by a duly authorized repre- sentative of the Food and Drug Administration, Department of Health, Education, and Welfare, all expenses of such inspection are paid by the •defendants at the rates described in subparagraph (ii) above, and a report made to the court which shows that the above-described or any similar insanitary conditions no longer exist, and that the foods for human consumption described in subparagraph (ii) above have been destroyed, denatured, or brought into compliance with the law, as pro- vided in said subparagraph (ii).