The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
BENJAMIN B. WAGNER United States Attorney CATHERINE J. SWANN Assistant United States Attorney 501 I Street, 10th Floor Sacramento, California 95814 Telephone: (916) 554-2762 Fax: (916) 554-2900 TONY WEST Assistant Attorney General KENNETH L. JOST Acting Director, Office of Consumer Protection Litigation DANIEL M. BAEZA Trial Attorney Office of Consumer Protection Litigation Virginia Bar #74645 United States Department of Justice Liberty Square Building - Room 6400 South 450 Fifth St., NW Washington, DC 20001 Telephone: (202) 616-4916 Facsimile: (202) 514-8742 E-Mail: email@example.com Attorneys for the United States of America
CONSENT DECREE OF PERMANENT INJUNCTION
The United States of America, having filed a Complaint for Permanent Injunction against John C. Virtue, an individual doing business as Virtue Calves, and Shannon L. Virtue, an individual ("defendants"), and defendants, having appeared and consented to entry of this Consent Decree of Permanent Injunction ("Decree") without contest and before any testimony has been taken, and the United States of America having consented to the Decree,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1. This Court has jurisdiction over the subject matter and over all parties to this action.
2. The Complaint states a cause of action against defendants under the Federal Food, Drug, and Cosmetic Act (the "Act"), 21 U.S.C. §§ 301-397.
3. Defendants violate the Act, 21 U.S.C. § 331(a) by introducing and delivering for introduction into interstate commerce food within the meaning of 21 U.S.C. § 321(f), namely veal calves and their edible tissues, that are adulterated within the meaning of 21 U.S.C. § 342(a)(2)(C)(ii), in that they contain unsafe new animal drugs, and 21 U.S.C. § 342(a)(4), in that defendants hold food under insanitary conditions whereby it may have been rendered injurious to health.
4. Defendants and each and all of their agents, representatives, employees, attorneys, heirs, assigns, successors, and any and all persons in active concert or participation with any of them (collectively, "Associated Persons") with notice of this Decree, are permanently restrained and enjoined pursuant to 21 U.S.C. § 332(a) and the equitable authority of this Court from directly or indirectly introducing and causing to be introduced and delivering for introduction into interstate commerce any food within the meaning of 21 U.S.C. § 321(f), consisting of animals or their edible tissues, unless and until all of the following occur:
(a) Defendants establish a written record-keeping system (the "written record") in which they permanently and individually identify each animal purchased, held, transported, consigned, or sold. The information contained in the written record shall include, at a minimum:
(1) the date the animal was purchased or obtained;
(2) the name and complete address of the seller;
(3) the tag number of the animal or, if the animal does not have a tag number at the time of purchase by defendants, defendants shall, upon purchase, place a tag number or other identifier on the animal and record it in the written record;
(4) the date defendants sold, consigned, distributed, transported, or delivered the animal for slaughter or otherwise disposed of it; and
(5) the name and complete address of the seller, consignee, or receiver of the animal;
(b) Defendants establish a system whereby, for each animal purchased that is intended for slaughter or may be sent to slaughter, defendants determine whether the animal has been medicated, been fed medicated feed, or been fed milk or colostrum from a medicated animal. Defendants shall make such determination by requesting and reviewing all records maintained by the seller and obtaining a signed written statement from the seller that indicates the medication status of the animal. Defendants shall identify a medicated animal in their written record by stating that the animal is medicated and a non-medicated animal by stating that the animal is non-medicated and shall record, in the written record, the name of the person who provided information ...