United States v. Union Cheese Co., 902 F. Supp. 778 (N.D. Ohio 1995)
THE IMPOSSIBLE FEDERAL COURT ORDER- The June 16 Order imposed Zero Tolerance for Listeria Mono and other pathogenic bacteria in the facility. The FDA reported 12% of commercial raw milk contains Listeria Mono and raw milk microorganisms normal range is 10^4 to 10^5 cfu/ml. If calculating probability for just the Listeria Mono in silo regarding receiving &/or holding milk, using 12.5% of commercial raw milk supply contains Listeria Mono. and received milk 365 years out of the year, the calculations put it at 6.806742996033 x10^-22 as the probability. (.000000000000000000000006806742996033%) (Greater then Sextillion)
The calculations is greater then 10^303, centillion as the probability of violating the order regarding the "Listeria monocytogenes (L. mono) bacteria, other pathogenic bacteria" mandate of receiving &/or holding milk in the facility.
I believe the June 16 Order is impossible to comply with?
I believe the June 16 order is one of the most oppressive orders in US?
Also, the Plaintiff, U.S Attorneys and the Northern District Court of Ohio willfully circumventing well established federal law 7 CFR § 58.439 Cheese from unpasteurized milk & 21 CFR § 133.195 - Swiss and emmentaler cheese provided that raw milk can be used in process. The FDA reports 13% Midwest commercial raw milk contained Liseria, YET Plaintiff imposed a ZERO TOLERANCE POLICY FOR LISTERIA MONO for the entire facility. It is repugnant insensible & contrary to law. Further the APA requires publishing notices of proposed and final rule-making in the Federal Register, and provides opportunities for the public to comment on notices of proposed rule-making is to occur BEFORE policy is put into effect. Moreover, an Injunction is to preserves the status quo, the relief involves preventing a party from taking specific action or continuing a current course of action. Creating a ZERO TOLERANCE POLICY FOR LISTERIA MONO for the entire facility is an Irreparable injury. “A violation of the APA's notice-and-comment requirements is one example of a deprivation of a procedural right.” Texas v. E.E.O.C., 933 F.3d at ...
I believe the JUNE 16 ORDER is cruel and unusual punishment with no limits to mandates or FDA presents, and fees. FURTHER, the order is illogical, conflicting well-established federal law and/or circumvention of federal laws.
IF IMPOSSIBLE, successors, and any and all persons in active concert or participation with any of them are hereby permanently restrained and enjoined would appear to be violating the court order. FURTHER MEANING, it is clear there was no equal application of the law. The right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law did not occur in the actions.
FURTHERMORE, the Plaintiff''s compliance officer for Cincinnati District Office made statement of "VIRTUALLY IMPOSSIBLE" regarding the June 16 court order, BEFORE the June 23 Judgement Entry. Affidavit of Milton Weilacher.
MOREOVER, there was a entire Federal trail with wrong/improper individuals named in which the Plaintiff, U.S Attorneys and the Northern District Court of Ohio ALL knew that issues exits BEFORE the trail. MEANING, the actual principal adverse party whom order and judgment is sought and sustained did not participate in the proceedings and deprived due process of law.
The Plaintiff knowingly misrepresented the methods, manner, and conditions under which the cheese was manufactured. Union Cheese Company's High Temperature Short Time (HTST) was set above 161 degree BEFORE the FDA's completed the Nov. 29- December 14 EIR Report. Union's process was NOT within "7 CFR § 58.439 Cheese from unpasteurized milk" as defined. Union cheese implemented TWP forms of bacterial destruction. The Plaintiff filed case regarding pathogenic bacteria never test the 200-lbs. blocks after aging process or conduct Alkaline Phosphatase Test for Pasteurized Milk.
IF WRONG INDIVIDUALS NAMED AND JUNE 16 ORDER IS IMPOSSIBLE - the Northern District Court of Ohio ORDER REQUIRED disseminating false information and used as case law.
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