United States v. M.I.H. Sales And Marketing Inc.

          CODY HILAND UNITED STATES ATTORNEY

          SHANNON S. SMITH ASSISTANT UNITED STATES ATTORNEY

          CONSENT JUDGMENT AND DECREE

         WHEREAS, the United States commenced this action against M.I.H. Sales and Marketing, Inc. and John Hilger (collectively "Defendants"), by filing a complaint in this Court (the "Complaint"), a copy of which is annexed hereto as Exhibit A; and

         WHEREAS, the Complaint, the allegations of which are incorporated by reference herein, states claims for relief under the Federal Meat Inspection Act, as amended, 21 U.S.C. §§ 601 et seq. ("FMIA") and the Poultry Products Inspection Act, as amended, 21 U.S.C. §§ 451 et seq. ("PPIA"), (hereinafter, the "Acts"); and

         WHEREAS, Defendants have demonstrated a willingness to comply with the United States Department of Agriculture ("USDA") and Food Safety and Inspection Service ("FSIS") regulations, including the implementation of certain written procedures for sanitary standards and pest control; and

         WHEREAS, the parties wish to settle this action without further litigation and, pursuant thereto, consent to the entry by the Court of the following provisions as judgment in this action without the Defendants admitting or denying the allegations in the Complaint and disclaiming any liability in connection wherewith.

         NOW THEREFORE, it is hereby AGREED, ORDERED, ADJUDGED AND DECREED that, pursuant to 21 U.S.C. §§ 601 et seq, and 21 U.S.C. §§ 451 et seq. and the inherent power of this Court:

         1. This Court has jurisdiction over the subject matter in the Complaint and has personal jurisdiction over all the parties to this matter.

         2. Defendants, their directors, officers, representatives, successors, assigns, agents and employees are permanently enjoined from violating the FMIA and the PPIA and the regulations promulgated thereunder with respect to meat, meat products, poultry, poultry products which are capable of use as human food, while they are being transported in commerce or held for sale after such transportation which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.

         3. Defendants shall maintain full, complete, and accurate copies of all records which will fully and correctly disclose all transactions involved in their business, as required by the FMIA, PPIA, consistent with 9 C.F.R. § 320.1 and § 381.175, and the regulations promulgated thereunder, and in this Consent Judgment and Decree. Defendants shall maintain all records for a period of at least two years after December 31 of the year in which the transaction to which the record relates has occurred and shall make all such records available to the USDA, FSIS for review and/or copy immediately upon request. Records, such as bills of sale, invoices, bills of lading, and receiving and shipping papers, giving the following information with respect to each transaction in which any carcass, part thereof, meat or meat food product, or poultry or poultry food product, is purchased, sold, shipped, received, transported, or otherwise handled by the Defendants in connection with any business subject to the Act. These required records are:

i. The name and description of the product;

ii. The net weight of the product;

iii. The number of outside containers (if any);

iv. The name and address of the buyer of the product, and the name and address of the seller of the product purchased ...