Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, December 17, 1993 TAG: 9312170138
SECTION: BUSINESS PAGE: A-21 EDITION: METRO
SOURCE: Associated Press
DATELINE: NORFOLK LENGTH: Medium
The importers, in suits filed last week in state and federal courts, contend the beans were delivered to Lamberts Point Docks Inc., a subsidiary of Norfolk Southern Corp., in good condition in 1991 and 1992.
The beans now are contaminated by insects and rats.
U.S. District Judge Henry C. Morgan Jr. wrote last month that inspectors found swarms of insects as well as evidence of rodents and rodent excrement and urine on and around the burlap bags containing the beans. He said inspectors also found insect-bored holes in many of the beans sampled.
"We're alleging it occurred after the delivery to the warehouse," said Guilford D. Ware, an attorney for the importers. "The warehouse accepted and stored the beans in good condition, and they did not turn out in the same condition."
But in court papers, Lamberts Point Docks contends the beans were damaged before they arrived.
H. Robert Jones, president of Lamberts Point Docks, declined to comment on the lawsuits but said the company would cooperate with the U.S. Food and Drug Administration, which inspected the beans in October and November 1992.
That inspection found the contamination. "The warehouses were infested with insects and rodents," said Wiley Williamson, an FDA compliance officer.
On Nov. 1, Morgan condemned 6,000 tons of beans in four warehouses. That is enough cocoa to make about 255 million chocolate bars.
The judge's decision means the importers either can destroy the beans, divert them for animal consumption or try to recondition them to make them fit for humans. The FDA would have to approve any reconditioning.
by CNB