DISPOSITION: November 29, 1950. Default decree of condemnation and destruction. 17023. Adulteration of frozen whiting. U. S. v. 489 Cases No. 30136. Sample No. 55068-K.) LIBEL FILED: November 14, 1950, Northern District of Alabama. (F. D. C. ALLEGED SHIPMENT: On or about July 22, 1950, by Stamm Schulman, from Provincetown, Mass. PRODUCT: 489 cases, each containing 5 10-pound cartons, of frozen whiting at Birmingham, Ala. LABEL, IN PART: "Pilgrim Brand Fresh Frozen H & G Whiting Packed By Seafood Packers, Inc. Provincetown, Mass." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance by reason of the presence of decomposed fish. DISPOSITION: December 27, 1950. Default decree of condemnation and destruction. 17024. Adulteration of frozen whiting. U. S. v. 64 Boxes No. 29928. Sample No. 70402-K.) LIBEL FILED: October 12, 1950, District of Kansas. (F. D. C. ALLEGED SHIPMENT: On or about August 1, 1950, by Fast Frozen Foods, from Chicago, Ill. PRODUCT: 64 boxes, each containing 5 10-pound cartons, of frozen whiting at Dodge City, Kans. LABEL, IN PART: "Pilgrim Brand Fresh Frozen H & G Whiting Packed By Seafood Packers, Inc., Provincetown, Mass." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a putrid substance. DISPOSITION: January 3, 1951. Default decree of condemnation and destruction. 17025. Adulteration and misbranding of fibered codfish. U. S. v. 46 Cartons (F. D. C. No. 29857. Sample No. 91887-K.) LIBEL FILED: November 1, 1950, Eastern District of New York. ALLEGED SHIPMENT: On or about October 11, 1950, by J. W. Beardsley's Sons, from Newark, N. J. PRODUCT: 46 5-pound cartons of fibered codfish at Woodside, N. Y. LABEL, IN PART: (Carton) “Matchless Fibered Codfish in Bulk." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing pieces of bone had been substituted in whole or in part for fibered codfish, which is expected to be free from bones. Misbranding, Section 403 (a), the name "Fibered Codfish" was false and misleading as applied to a product in which a substantial amount of the bones remain. DISPOSITION: December 18, 1950. Default decree of condemnation and destruction. 17026. Adulteration of fish roe. U. S. v. 810 Pounds, etc. (F. D. C. No. 30292. Sample Nos. 91989-K, 91991-K, 91992-K.) LIBEL FILED: November 24, 1950, Southern District of New York. 941711-51- -2 ALLEGED SHIPMENT: On or about October 31 and November 4, 1950, by Ed Allie, from Sturgeon Bay, Wis. PRODUCT: 810 pounds of colored fish roe, in 8 kegs, and 1,168 pounds of uncolored fish roe, in 20 kegs, at New York, N. Y. LABEL, IN PART: (Portion) "Hand Packed Chub Roe." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance by reason of the presence of worms. DISPOSITION: December 1, 1950. Default decree of condemnation and destruction. 17027. Adulteration of fish roe. U. S. v. 420 Pounds 30289. Sample No. 91990–K.) (F. D. C. No. LIBEL FILED: November 24, 1950, Southern District of New York. PRODUCT: 420 pounds of fish roe, in two unlabeled kegs at New York, N. Y. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance by reason of the presence of worms. DISPOSITION: December 1, 1950. Default decree of condemnation and destruction. 17028. Adulteration and misbranding of canned herring roe. U. S. v. 52 Cases (F. D. C. No. 29861. Sample No. 66848-K.) LIBEL FILED: October 31, 1950, District of Maryland. ALLEGED SHIPMENT: On or about August 22, 1950, by Cape King Fisheries, Inc., from New Bedford, Mass. PRODUCT: 52 cases, each containing 24 15-ounce cans, of herring roe at Baltimore, Md. LABEL, IN PART: (Can) "Cape King Herring Roe." NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, herring roe, had been in whole or in part omitted; and, Section 402 (b) (2), whiting roe had been substituted in whole or in part for herring roe. Misbranding, Section 403 (a), the label statement "Herring Roe" was false and misleading as applied to an article consisting of whiting roe. DISPOSITION: December 1, 1950. Default decree of condemnation. The court ordered that the product be delivered to a charitable institution. 17029. Adulteration and misbranding of canned herring roe. U. S. v. 21 Cases (F. D. C. No. 29954. Sample No. 66849-K.) LIBEL FILED: On or about November 2, 1950, Western District of Virginia. ALLEGED SHIPMENT: September 14, 1950, by Cape King Fisheries, Inc., from Baltimore, Md. PRODUCT: 21 cases, each containing 24 15-ounce cans, of herring roe at Winchester, Va. LABEL, IN PART: "Cape King Herring Roe Inc. New Bedford, Mass." Cape King Fisheries NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, herring roe, had been in whole or in part omitted; and, Section 402 (b) (2), whiting roe had been substituted in whole or in part for herring roe. Misbranding, Section 403 (a), the label statement "Herring Roe" was false and misleading as applied to an article consisting of whiting roe. DISPOSITION: December 30, 1950. Default decree of condemnation. The court ordered that the product be delivered to a charitable institution. 17030. Adulteration of oysters. U. S. v. 3 Barrels * * 30221. Sample No. 40509–K.) (F. D. C. No. LIBEL FILED: December 18, 1950, Northern District of Ohio. PRODUCT: 3 barrels, each containing 120 pints, of oysters at Cleveland, Ohio. Standards." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), water had been substituted in whole or in part for oysters; and, Section 402 (b) (4), water had been added to the product and mixed and packed with it so as to increase its bulk or weight and reduce its quality. DISPOSITION: January and 24, 1951. Default decree of condemnation destruction. 17031. Adulteration of oysters. U. S. v. 1 Barrel Sample No. 67553–K.) * (F. D. C. No. 30217. LIBEL FILED: December 15, 1950, Western District of Pennsylvania. ALLEGED SHIPMENT: On or about December 13, 1950, by Z. Ward & Son, from Crisfield, Md. PRODUCT: 1 barrel, containing 144 pint cans, of oysters at Greensburg, Pa. LABEL, IN PART: "Delicious Salt Water Oysters Md 217 Oysters Standards." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), water had been substituted in whole or in part for oysters; and, Section 402 (b) (4), water had been added to the product and mixed and packed with it so as to increase its bulk or weight and reduce its quality. DISPOSITION: January 9, 1951. Default decree of condemnation destruction. 17032. Adulteration of oysters. U. S. v. 1 Barrel Sample No. 66866–K.) and * (F. D. C. No. 30216. LIBEL FILED: December 15, 1950, Western District of Pennsylvania. PRODUCT: 1 barrel, containing 72 pint cans, of oysters at Butler, Pa. NATURE OF CHARGE: Adulteration, Section 402 (b) (2), water had been substituted in whole or in part for oysters; and, Section 402 (b) (4), water had been added to the product and mixed and packed with it so as to increase its bulk or weight and reduce its quality. DISPOSITION: January 9, 1951. Default decree of destruction. 17033. Adulteration of oysters. U. S. v. 344 Cans 30225. Sample No. 66984-K.) LIBEL FILED: December 20, 1950, Southern District of Ohio. condemnation and (F. D. C. No. ALLEGED SHIPMENT: On or about December 16, 1950, by H. Allen Smith, Cheriton, Va. PRODUCT: 344 pint cans of oysters at Mount Vernon, Ohio. NATURE OF CHARGE: Adulteration, Section 402 (b) (2), water had been added to the product and mixed and packed with it so as to increase its bulk or weight and reduce its quality. DISPOSITION: February 19, 1951. Default decree of destruction. 17034. Misbranding of oysters. U. S. v. 2 Barrels 30213. Sample No. 67554-K.) LIBEL FILED: December 15, 1950, Southern District of Illinois. PRODUCT: 2 barrels, each containing 160 pint cans, of oysters at Springfield, Ill. LABEL, IN PART: "Oysters Standards 338 Contents 1 Pint Milbourne Delicious Salt Water Raw Oysters Md 203." NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the containers failed to bear a label containing an accurate statement of the quantity of the contents. (The cans contained less than 1 pint, the declared volume.) DISPOSITION: December 21, 1950. The Milbourne Oyster Co., claimant, having consented to the entry of a decree, judgment of condemnation was entered and the court ordered that the product be released under bond for repackaging and relabeling, under the supervision of the Food and Drug Administration. The 303 pints of oysters which were seized were repacked in properly filled gallon cans and produced the equivalent of 286 pints. 17035. Adulteration of frozen shrimp. U. S. v. 14 Cases No. 29973. Sample Nos. 75059-K, 75060–K.) LIBEL FILED: November 1, 1950, District of Colorado. (F. D. C. ALLEGED SHIPMENT: On or about October 23, 1950, by Shapiro Fisheries, Inc., from Port Lavaca, Tex. PRODUCT: 14 cases, each containing 10 5-pound cartons, of frozen shrimp at Denver, Colo. LABEL, IN PART: "Shap Brand Shrimp Frozen Fresh." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a decomposed substance by reason of the presence of decomposed shrimp. DISPOSITION: December 5, 1950. Default decree of condemnation and destruction. On December 8, 1950, an amended decree was entered providing for the sale of the product for use as animal feed, the product to be prepared for such use under the supervision of the Food and Drug Administration. 17036. Adulteration of frozen shrimp. U. S. v. 10 Cases No. 29955. Sample No. 70623-K.) LIBEL FILED: October 27, 1950, Eastern District of Oklahoma. (F. D. C. ALLEGED SHIPMENT: On or about September 26, 1950, by the J. R. Clegg Shrimp Co., from Port Lavaca, Tex. PRODUCT: 10 cases, each containing 10 5-pound cartons, of frozen shrimp at Muskogee, Okla. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance by reason of the presence of decomposed shrimp. DISPOSITION: February 1, 1951. Default decree of condemnation and destruction. FRUITS AND VEGETABLES CANNED FRUIT 17037. Misbranding of canned apricots. U. S. v. 349 Cases No. 30315. Sample No. 35782-K.) (F. D. C. LIBEL FILED: December 1, 1950, District of New Jersey. PRODUCT: 349 cases, each containing 24 1-pound, 13-ounce cans, of apricots at LABEL, IN PART: (Can) "Yacht Club Packed In Heavy Syrup." * Unpeeled Halves Apricots NATURE OF CHARGE: Misbranding, Section 403 (g) (2), the product purported to be and was represented as canned apricots, a food for which a definition and standard of identity has been prescribed by regulations; and its label failed to bear, as required by the regulations, the name of the optional packing medium present since the label bore the statement "Packed In Heavy Syrup," whereas the product was packed in light sirup. DISPOSITION: January 25, 1951. The Sun Garden Packing Co., claimant, having consented to the entry of a decree, judgment of condemnation was entered and the court ordered that the product be released under bond to be relabeled, under the supervision of the Food and Drug Administration. 17038. Adulteration of canned boysenberries. U. S. v. 48 Cases (F. D. C. No. 30151. Sample No. 70511-K.) LIBEL FILED: November 21, 1950, District of Kansas. ALLEGED SHIPMENT: On or about January 17, 1950, from Salem, Oreg. PRODUCT: 48 cases, each containing 24 1-pound, 4-ounce cans, of boysenberries at Coffeyville, Kans. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. (Examination showed that the article was undergoing chemical decomposition.) The product was adulterated while held for sale after shipment in interstate commerce. DISPOSITION: January 22, 1951. Default decree of condemnation and destruction. 17039. Misbranding of canned cherries. U. S. v. 74 Cases No. 30312. Sample No. 67783-K.) LIBEL FILED: December 1, 1950, District of Idaho. (F. D. C. ALLEGED SHIPMENT: On or about August 4 and September 4, 1950, by Varney Canning, Inc., Roy, Utah. PRODUCT: 74 cases, each containing 6 6-pound, 12-ounce cans, of cherries at Twin Falls, Idaho. LABEL, IN PART: "Leota Brand Pitted Red Sour Cherries." |