-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, GtaTx7n/xczfiGsefDG1ru6ZpX8Ofk6vPPLOvz7G7WuEX4v6OI0rkmQ7Ia9nrXaa cr877KuoRdeCTBX2pdqLPw== 0000916641-96-001096.txt : 19961227 0000916641-96-001096.hdr.sgml : 19961227 ACCESSION NUMBER: 0000916641-96-001096 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19961216 ITEM INFORMATION: Other events FILED AS OF DATE: 19961226 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: SMITHFIELD FOODS INC CENTRAL INDEX KEY: 0000091388 STANDARD INDUSTRIAL CLASSIFICATION: MEAT PACKING PLANTS [2011] IRS NUMBER: 520845861 STATE OF INCORPORATION: DE FISCAL YEAR END: 0427 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-02258 FILM NUMBER: 96686144 BUSINESS ADDRESS: STREET 1: 501 N CHURCH ST CITY: SMITHFIELD STATE: VA ZIP: 23430 BUSINESS PHONE: 8043574321 MAIL ADDRESS: STREET 1: 501 N CHURCH STREET CITY: SMITHFIELD STATE: VA ZIP: 23430 FORMER COMPANY: FORMER CONFORMED NAME: LIBERTY EQUITIES CORP DATE OF NAME CHANGE: 19710221 FORMER COMPANY: FORMER CONFORMED NAME: LIBERTY REAL ESTATE TRUST DATE OF NAME CHANGE: 19661113 8-K 1 SMITHFIELD FOODS, INC. 8-K SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported) December 16, 1996 SMITHFIELD FOODS, INC. (Exact name of registrant as specified in its charter) DELAWARE 0-2258 52-0845861 (State or other (Commission (IRS Employer jurisdiction of File Number) Identification No.) incorporation) 900 DOMINION TOWER 999 WATERSIDE DRIVE NORFOLK, VIRGINIA 23510 (Address of principal executive (Zip Code) offices) Registrant's telephone number, including area code (757) 365-3000 ITEM 5. OTHER EVENTS Reference is made to the disclosure appearing in Part I, Item 1 of the Registrant's Annual Report on Form 10-K for the fiscal year ended April 28, 1996, under the caption "BUSINESS - Regulation," as supplemented by the disclosures appearing in Part II, Item 2 of the Registrant's Quarterly Report on Form 10-Q for the fiscal quarter ended July 28, 1996, and Part II, Item 2 of the Registrant's Quarterly Report on Form 10-Q for the fiscal quarter ended October 27, 1996. On December 16, 1996, the U.S. Department of Justice ("DOJ") filed a civil action in the United States District Court for the Eastern District of Virginia, Norfolk Division, against the Registrant and two of its operating subsidiaries, The Smithfield Packing Company, Incorporated ("Smithfield Packing") and Gwaltney of Smithfield, Ltd. ("Gwaltney") seeking civil penalties for approximately 5,000 alleged violations of the federal Clean Water Act by Smithfield Packing and Gwaltney at pork processing plants in the Town of Smithfield, Virginia. The vast majority of the alleged violations are based upon permit exceedences by Smithfield Packing and Gwaltney occurring from November 1991 to the present which are expressly excused under an administrative consent order issued in 1991 by the Virginia State Water Control Board (the "SWCB"). Under the 1991 order, the Registrant is obliged to connect its two wastewater treatment facilities to the public sewer system operated by the Hampton Roads Sanitation District (the "HRSD") as soon as that system is extended to the Town of Smithfield. The Registrant connected the Gwaltney wastewater treatment facility to the public sewer system in June 1996, when that system was first available; and the Registrant plans to connect the Smithfield Packing wastewater treatment facility to the public sewer system by the end of March 1997, upon receiving notice from the HRSD that the public sewer system is ready to accept the second facility's wastewater. Notwithstanding the fact that the Commonwealth of Virginia, acting through the SWCB, has primary enforcement responsibility in the Clean Water Act's cooperative federal-state permitting scheme, and the fact that the SWCB advised federal authorities of the administrative consent order when issued, DOJ has taken the position in its suit that the State-issued administrative consent order does not bar a federal action seeking relief for permit violations. Each violation is subject to a civil penalty of up to a maximum of $25,000. The Registrant intends to defend the suit vigorously. The Registrant reaffirms its belief, based on its knowledge of the facts and circumstances surrounding the violations and investigations, as summarized herein and in prior disclosures, that the ultimate resolution of these matters will not have a material adverse effect on its financial position or annual results of operations. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. SMITHFIELD FOODS, INC. (Registrant) By: /s/ Aaron D. Trub ----------------------- Aaron D. Trub Vice President, Secretary and Treasurer Dated: December 26, 1996 -----END PRIVACY-ENHANCED MESSAGE-----