United States District Court, S.D. New York
GEOFFREY S. BERMAN United States Attorney for the Southern
District of New York Attorney for the United Slates of
J. KOCHEVAR Assistant United States Attorney
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.;
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
THEREFORE, with the consent of the Parties, it is hereby
ORDERED, ADJUDGED, and DECREED as follows:
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.
Venue is proper pursuant to 28 U.S.C. § 1391(b) and (c).
Defendants admit, acknowledge, and accept responsibility for
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.
Compliance with FMIA and PPIA.
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
d. engaging in any other conduct that would violate the FMIA
or PPIA and/or the regulations promulgated thereunder.