29650. Animal feeds.    (Inj. No. 416.)
COMPLAINT FOR INJUNCTION FILED :   9-13-61, N. Dist. N.Y., against Elmore Mil- 
ling Co., Inc., Oneonta, N.Y.
?See also No. 29635.
of manufacturing, preparing, packing, selling, and shipping in interstate com- 
merce, articles of food which were adulterated and misbranded, and that the 
defendant was doing certain acts which resulted in the adulteration and mis- 
branding of articles of food which were held for sale by the defendant after 
shipment in interstate commerce.
The complaint alleged that various of the articles of food, when shipped 
and while held for sale, were adulterated and misbranded in the following- 
respects: (i) 402(a)(1)—contained poisonous and deleterious substances 
which may render them injurious to health; (ii) 402(a)(2)(A)—contained 
added poisonous and deleterious substances which were unsafe within the 
meaning of section 406; (iii) 403(a)—the labeling of a number of the articles 
contained false and misleading statements with respect to the nature and 
quantity of the ingredients contained in the articles; and (iv) 403(e)(2)— 
their labels failed to contain an accurate statement of the quantity of the 
contents in terms of weight and measure.
The complaint alleged further that the adulterated and misbranded condi- 
tions of the articles of food resulted from deficiencies in the ingredients of the 
articles, or the presence in the articles of ingredients in excess of the amounts 
declared or represented to be present, which were due to inadequate manufac- 
turing facilities, lack of ingredient and product identification, lack of produc- 
tion controls, lack of adequate analysis and formulas, or lack of other precau- 
tions essential to the manufacture and preparation of such foods; for example, 
the Elmore Hog Ration (Unmedicated) had no declaration of arsanilic acid, 
but was found to contain .0070%, .0074%, .0081%, and 0089% of that drug 
(in different batches).
The complaint alleged also adulterations and misbrandings with respect to 
drugs shipped and held for sale by the defendant, as reported in notices of 
judgment on drugs and devices, No. 7782.
The complaint alleged further that the defendant was well aware that its 
activities were violative of the Federal Food, Drug, and Cosmetic Act; that 
the defendant had been warned; and that despite the warnings, the defendant 
continued to introduce and cause to be delivered for introduction into inter- 
state commerce articles of food and drug which were adulterated and mis- 
branded, and continued to do certain acts, while articles of food and drug were 
held for sale after shipment in interstate commerce, which resulted in articles 
of food and drug being adulterated and misbranded. 
DISPOSITION : On 12-7-61, a consent decree of permanent injunction was filed 
pursuant to which the defendant was perpetually restrained and enjoined:
1. From shipping any food or drug adulterated or misbranded as complained 
of, because of deficiency or excess in the amounts of declared ingredients or 
other specified inadequacies in their manufacture and preparation;
2. From doing any act with respect to any article of food or drug while held 
for sale after shipment in interstate commerce, which results in any such 
article being misbranded or adulterated as above;
3. From preparing, shipping, selling, or delivering any of the feed products 
unless and until it had accomplished a specified segregation of ingredients and 
products, and had cleaned its plant equipment; and
4. From shipping any of its medicated feed products in interstate commerce 
• or doing any act with respect to any article of food or drug' while held for sale
after shipment in interstate commerce, unless and until specified facilities, 
controls and precautions were installed, and a report verifying the accomplish- 
ment of the improvements had been made to the court.