14811. Adulteration of a bakery product. U. S. x. 3 Cases LIBEL FILES: Mar1 1 1949h. Wazer Dent of MaskISI (F. D. C. 02 og alve Felmary & 1948, by the Umeya Rice Cake Co., from Lo Algeen, Calif. PRODUCT: 3/4 Games, each evtrali 24 Gab júúckages, of a bakery product at Seattle, Wash. LABEL, IN PART: With Your Beer, Cocktail & Tea Hana Arare." NATURE OF CHARGE: Adulteration. Section 42 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of rodent hairs: and. Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with fith. Disposition: July 29, 1949. Default decree of condemnation and destruction. FLOUR Nos, 14812 to 14816 report actions involving flour that was insect- or rodent-infested, or both. (In those cases in which the time of contamination was known, that fact is stated in the notice of judgment.) 14812. Adulteration of flour. U. S. v. 150 sacks Sample No. 13097-K.) LIBEL FILED: March 14, 1949, District of New Jersey. (F. D. C. No. 26652. ALLEGED SHIPMENT: On or about February 24, 1949, by John J. Hess, from Intercourse, l'a. PRODUCT: 150 100-pound sacks of flour at Trenton, N. J. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of insect fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: June 7, 1949. John J. Hess, claimant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond to be denatured for use as foundry flour. 14813. Adulteration of flour. U. S. v. 107 Bags Sample No. 13095-K.) LIBEL FILED: March 9, 1949, District of New Jersey. (F. D. C. No. 26638. ALLEGED SHIPMENT: On or about January 19, 1949, by the Lime Valley Mills, from Lancaster County, Pa. PRODUCT: 107 100-pound bags of flour at Trenton, N. J. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of insect fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: June 7, 1949. The Lime Valley Mills, claimant, having consented to the entry of a decree, judgment of condemnation was entered and the prod net was ordered released under bond to be denatured for use as paste flour, under the supervision of the Food and Drug Administration. 14814. Adulteration of flour. U. S. v. 41 Bags, etc. (F. D. C. No. 26495. Sample No. 2569-K.) LIBEL FILED: February 3, 1949, Southern District of West Virginia. ALLEGED SHIPMENT: On or about November 8 and December 16, 1948, from Wichita, Kans. PRODUCT: Flour 41 5-pound bags, 841 10-pound bags, and 609 25-pound bags at Hinton, W. Va., in possession of the New River Grocery Co. NATURE OF CHARGE: Adulteration, Section 402 (a) (4), the product was held under insanitary conditions whereby it may have become contaminated with filth. The product was adulterated while held for sale after shipment in interstate commerce. DISPOSITION: July 6, 1949. Default decree of condemnation. The product was ordered delivered to a Federal institution, for use as animal feed. LIBEL FILED: March 22, 1949, Eastern District of Missouri. (F. D. C. No. 26663. ALLEGED SHIPMENT: On or about August 23, 1948, from Davenport, Iowa. PRODUCT: 25 100-pound bags of flour at St. Louis, Mo., in possession of the Tyler Warehouse & Cold Storage Co. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of insects, insect fragments, rodent excreta, and rodent hair fragments; and, Section 402 (a) (4), it had been held under insanitary conditions whereby it may have become contaminated with filth. The product was adulterated while held for sale after shipment in interstate commerce. DISPOSITION: June 9, 1949. Default decree of condemnation and destruction. 14816. Adulteration of bromated flour. U. S. v. 17 Bags 26627. Sample No. 5748-K.) LIBEL FILED: March 16, 1949, District of New Hampshire. (F. D. C. No. ALLEGED SHIPMENT: On or about November 1 and December 7, 1948, from Black Rock, N. Y. PRODUCT: 17 100-pound bags of bromated flour at Manchester, N. H., in possession of Merrimack Farmers Exchange, Inc. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of rodent urine; and, Section 402 (a) (4), it had been held under insanitary conditions whereby it may have become contaminated with filth. The product was adulterated while held for sale after shipment in interstate commerce. DISPOSITION: April 13, 1949. Default decree of condemnation and destruction. MACARONI AND NOODLE PRODUCTS 14817. Adulteration of macaroni. U. S. v. V. La Rosa & Sons, Inc. Plea of guilty. Fine, $1,000. (F. D. C. No. 26778. Sample No. 4101-K.) INFORMATION FILED: April 27, 1949, District of Connecticut, against V. La Rosa & Sons, Inc., Danielson, Conn. ALLEGED SHIPMENT: On or about December 15, 1948, from the State of Connecticut into the State of Massachusetts. LABEL, IN PART: "La Rosa One Pound Net Grade A Macaroni Enriched Elbows." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in part of a filthy substance by reason of the presence of insects and insect fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: May 11, 1949. A plea of guilty having been entered, the defendant was fined $1,000. 14818. Adulteration of macaroni and noodle products. U. S. v. 37 Cases, etc. (F. D. C. Nos. 26441, 26442. Sample Nos. 41019-K to 41021-K, incl., 41023-K to 41025-K, incl.) LIBELS FILED: February 8, 1949, District of Montana. ALLEGED SHIPMENT: On or about December 17 and 28, 1948, by the U. S. Macaroni Mfg. Co., from Spokane, Wash. PRODUCT: 16,7281⁄2 pounds of macaroni and noodle products at Warmsprings and Missoula, Mont. LABEL, IN PART: (Portions) "Red & White Brand Egg Noodles [or "Shell Macaroni"]" or "U. S. Taystie Brand Home Style Enriched Egg Noodles Wide." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of filthy substances by reason of the presence of insect fragments and rodent hairs; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they may have become contaminated with filth. DISPOSITION: May 20, 1949. Default decrees of condemnation. The products were ordered denatured and delivered to a State institution, for use as animal feed. 14819. Adulteration of macaroni and noodle products. U. S. v. 5 Bags, etc. (and 1 other seizure action). (F. D. C. Nos. 26653, 26654. Sample Nos. 5727-K to 5730-K, incl.) LIBELS FILED: March 14, 1949, District of Massachusetts. ALLEGED SHIPMENT: On or about February 14, 1949, by G. D. Del Rossi Co., Inc., from Providence, R. I. PRODUCT: Macaroni and noodle products. 8 20-pound cartons at Lowell, Mass., and 96 1-pound bags at Methuen, Mass. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of filthy substances by reason of the presence of insect fragments; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they may have become contaminated with filth. DISPOSITION: May 11, 1949. Default decrees of condemnation and destruction. 14820. Adulteration of macaroni and noodle products. U. S. v. 9 Cases, etc. (F. D. C. No. 26242. Sample Nos. 40751-K, 40752–K.) LIBEL FILED: December 29, 1948, District of Montana. ALLEGED SHIPMENT: On or about November 2, 1948, by the Pacific Coast Macaroni Mfg. Co., from Seattle, Wash. PRODUCT: 9 cases of Sea Each case contained 12 LABEL, IN PART: "Three Monks Brand Sea Shells [or "Long Spaghetti"].” NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of filthy substances by reason of the presence of rodent hairs and insect fragments; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they may have become contaminated with filth. Shells and 9 cases of long spaghetti at Billings, Mont. 14-ounce packages. DISPOSITION: April 28, 1949. Default decree of condemnation and destruction. CHOCOLATE AND CANDY 14821. Misbranding of chocolate coating and chocolate liquor. U. S. v. Cocoline Products, Inc., Samuel Klein, and Charles Carriero. Pleas of nolo contendere. Corporation and Samuel Klein each fined $300 and Charles Carriero fined $150. (F. D. C. No. 26696. Sample Nos. 9287-K, 10190K, 10191-K.) INFORMATION FILED: May 10, 1949, Eastern District of New York, against Cocoline Products, Inc., Long Island City, N. Y., Samuel Klein, president-treasurer, and Charles Carriero, plant superintendent. ALLEGED SHIPMENT: Between the approximate dates of June 4, 1947, and September 25, 1948, from the State of New York into the State of New Jersey. LABEL, IN PART: "Congress Light. Van. Choc. Ctg." or "Glenwood Choc. Liq." NATURE OF CHARGE: Misbranding, Section 403 (g) (1), the products fell below the definition and standard of identity for chocolate coating and chocolate liquor since they contained more cacao shell than permitted by the definition and standard. DISPOSITION: June 22, 1949. Pleas of nolo contendere having been entered, the corporation and Samuel Klein each were fined $300 and Charles Carriero was fined $150. 14822. Adulteration of candy. U. S. v. Oliver-Finnie Company. Plea of nolo contendere. Fine, $4,000. (F. D. C. No. 26779. Sample Nos. 23540-K, 45863-K, 45864-K, 45870-K, 45871-K.) INDICTMENT RETURNED: May 24, 1949, Western District of Tennessee, against the Oliver-Finnie Co., a corporation, Memphis, Tenn. ALLEGED SHIPMENT: On or about November 18, 19, and 22, 1948, from the State of Tennessee into the States of Louisiana and Arkansas. LABEL, IN PART: "Silver Moon Candies * * * Creme Gems [or "Old Fashioned Chocolate Drops" or "Orange Jelly Candy Slices"]” or “Polka Dots Candy Coated Peanuts." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in part of a filthy substance by reason of the presence of insects, insect fragments, larvae, and rodent hair fragments; and, Section 402 (a) (4), it had been prepared and packed under insanitary conditions whereby it may have become contaminated with filth. A plea of nolo contendere having been entered, DISPOSITION: June 16, 1949. 859655-50- -2 (F. D. C. No. 26565. 14823. Adulteration of candy. U. S. v. 199 Cases Sample No. 46985–K.) LIBEL FILED: February 25, 1949, Northern District of Ohio. ALLEGED SHIPMENT: On or about January 17, 1949, by the Zion Candy Industry, Division of Zion Industries, Inc., from Zion, Ill. PRODUCT: 199 cases, each containing 10 boxes, of candy at Youngstown, Ohio. LABEL, IN PART: "120 Ct. Zion Chocolate Marshmallow Eggs." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of insect fragments and rodent hair fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: July 29, 1949. Default decree of condemnation and destruction. 14824. Misbranding of candy. U. S. v. 192 Packages, etc. (F. D. C. No. 26650, Sample Nos. 5943–K, 5944–K, 62201-K, 62202–K.) LIBEL FILED: March 16, 1949, District of Massachusetts. ALLEGED SHIPMENT: On or about February 14, 1949, by the Cumberland Valley Products Corp., from Philadelphia, Pa. PRODUCT: 276 packages of candy at Merrimac, Mass. LABEL, IN PART: "C. V. Delicious Home Style Fudge Net Wt. 1 Lb.” NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the product failed to bear a label containing an accurate statement of the quantity of the contents. The product was short-weight. DISPOSITION: June 22, 1949. Default decree of condemnation. The product was ordered delivered to a charitable institution. DAIRY PRODUCTS BUTTER The following cases report actions involving butter that consisted in whole or in part of filthy or decomposed substances, Nos. 14825 to 14827, and that was below the legal standard for milk fat content, Nos. 14828 to 14831. 14825. Adulteration of butter. U. S. v. The Merchants Creamery Co., Inc., and Edwin A. Bischoff. Pleas of guilty. Joint fine of $3,000. (F. D. C. No. 26297. Sample Nos. 19169-K to 19171-K, incl., 19493-K, 39860-K, 44420-K.) INFORMATION FILED: December 2, 1948, Southern District of Ohio, against the Merchants Creamery Co., Inc., Cincinnati, Ohio, and Edwin A. Bischoff, president. ALLEGED SHIPMENT: On or about July 26 and 28 and August 5 and 17, 1948, from the State of Ohio into the States of Pennsylvania, Kentucky, and Indiana. LABEL, IN PART: "Rose [or "Clover," "Forest Brook," or "Dairy"] Brand Creamery Butter." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in part of a filthy substance by reason of the presence of insects, insect fragments, and rodent hair fragments; and, Section 402 (a) (4), it had been |