Attorney General's News Release

October 14, 2005

Nixon obtains court order requiring cleanup of more than 100 tons of rotting poultry at defunct processing plant

Cassville, Mo. — Attorney General Jay Nixon has obtained a restraining order directing the owner of a Barry County poultry processing facility to clean up an estimated 250,000 pounds of chicken parts that have been rotting since the facility closed its doors in late September.

The temporary restraining order, filed in Barry County Circuit Court, names Eskimo Packing Chicken Processing Plant, Exeter; parent company D an D Food Marketing Inc., Springfield; and David W. Jacobs, of Aurora, president of D an D Food. The petition alleges that since Sept. 29, the company has allowed the decay of chicken parts at the Exeter facility which has "caused a rancid odor to emanate throughout the city."

Nixon's office first learned of the situation Thursday (Oct. 13) afternoon, and had obtained the court order by noon Friday.

"The people of Exeter are being subjected to an intolerable odor due to the fact that literally tons of rotten chicken is lying at their doorsteps," Nixon said. "The owners of this facility have been inconsiderate of their neighbors and irresponsible for the potential health risks they have created. We are taking swift action to put a stop to it."

In addition to the odor, Nixon said the rotten chicken parts and accompanying freezers and coolers have discharged contaminated water in the area, which is located near a school and several homes. Nixon said if the situation remains unchecked, the water could eventually find its way into Barry County streams and rivers.

At Nixon's request, the court has ordered the defendants to immediately reconnect the coolers and freezers to properly re-freeze all raw chicken parts, to haul all contaminated wastewater to a permitted wastewater treatment facility, and to transport all rotten chicken components to a solid waste disposal facility.

In addition, Nixon is asking the court to authorize unlimited access to the plant by state inspectors to assure compliance with the court order.

Editor's Note: D an D Food Marketing Inc. is the correct spelling.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to the Press Secretary.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818