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United States v. Chung Shing Meats, Inc.

United States District Court, S.D. New York

January 7, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
CHUNG SHING MEATS, INC., a/k/a NEW CHUNG HING MEATS, INC., MIAO HE FENG, YIU KWAN CHEUNG, WING HONG CHEUNG, and TIAN LUN FENG, Defendants.

          GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for the United Slates of America

          STEVEN J. KOCHEVAR Assistant United States Attorney

          CONSENT DECREE

         WHEREAS, on December 23, 2019, Plaintiff the United States of America (the "United States"), acting on behalf of the United States Department of Agriculture ("USDA"), filed a complaint for injunctive relief (the "Complaint") against Defendants Chung Shing Meats, Inc., ("Chung Shing"), Miao He Feng, Yiu Kwan Cheung, and Tian Lun Feng (collectively, "Defendants"), alleging that Defendants have violated, and threaten to violate in the future, the Federal Meat Inspection Act ("FMIA"), 21 U.S.C. § 601 et seq., and the Poultry Products Inspection Act ("PPIA"), 21 U.S.C. § 451 et seq.;

         WHEREAS the United States and Defendants (collectively, the "Parties") agree, and the Court by entering this Consent Decree finds, that this consent decree is fair, reasonable, and in the public interest; and

         NOW, THEREFORE, with the consent of the Parties, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

         JURISDICTION AND VENUE

         1. This Court has jurisdiction over the subject matter of this action pursuant to 21 U.S.C. §§ 467c and 674 and 28 U.S.C. §§ 1331, 1337 and 1345, and personal jurisdiction over all the parties to this action.

         2. Venue is proper pursuant to 28 U.S.C. § 1391(b) and (c).

         ADMISSIONS

         3. Defendants admit, acknowledge, and accept responsibility for the following:

a. Defendant Chung Shing is a retail distributor of meat and poultry . products, with a retail store and principal place of business located at 19 Catherine Street, New York, New York 10038. Defendant Chung Shing has also operated as New Chung Hing Meats, Inc.
b. Defendant Wing Hong Chueng is the President of New Chung Hing Meats, Inc.
c. Defendant Miao He Feng was formerly the President of Chung Shing, at a time when violations occurred.
d. Defendant Yiu Kwan Chueng is or was the Vice President of Chung Shing at a time when violations occurred.
e. Defendant Tian Lun Feng is or was the Manager of Chung Shing at a time when violations occurred.
f. Defendants are and have been engaged in the business of preparing and selling, among other things, meat, meat food products, poultry, and poultry products in the State of New York and within the jurisdiction of this Court.
g. Defendants have repeatedly sold non-federally inspected and misbranded meat, meat food products, poultry, and poultry products to retailers for resale, in violation of the FMIA and the PPIA. Among other instances, on or about April 29, 2019, May 2, 2019, and April 6, 2018, Defendants sold for resale non-federally inspected sliced beef meat, non-federally inspected pork baby ribs, non-federally inspected beef shin meat or non-federally inspected beef bones misbranded as Confucius Style Duckling.

         INJTJNCTIVE RELIEF

         4. Compliance with FMIA and PPIA.

         Defendants and each and all of their directors, officers, agents, servants, representatives, employees, successors, or assigns, and any and all persons in active concert or participation with them, directly or indirectly, who received actual notice of this Decree by personal service or otherwise, are hereby permanently restrained and enjoined from:

a. selling, transporting, offering for sale or transportation, or receiving for transportation, any meat, meat food products, poultry, or poultry products required to be inspected and passed by USDA that have not been inspected and passed by USDA federal inspectors;
b. preparing or processing meat, meat food products, poultry, or poultry products in unsanitary conditions;
c. not keeping such records as will fully and correctly disclose the purchase, receipt, offer for sale, sale, transport, and any other transaction regarding any meat, meat food products, poultry, or poultry products involved in their business; and
d. engaging in any other conduct that would violate the FMIA or PPIA and/or the regulations promulgated thereunder.

         5. Re ...


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