United States District Court, E.D. Arkansas, Western Division
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 ...