17281. Adulteration of canned spinach. U. S. v. 77 Cases

other seizure actions). (F. D. C. Nos. 30416, 30433, 30436, 30440, 30456, 30522, 30525, 30531, 30537, 30543, 30544, 30548, 30555, 30556. Sample Nos. 1293-L, 1295-L, 5179-L to 5181-L, incl., 10761-L to 10763-L, incl., 11059-L, 11564-L, 11861-L, 11862-L, 15254-L, 15257-L, 15258-L, 16158-L, 16160-L.)

LIBELS FILED: Between February 5 and 15, 1951, Northern District of Georgia, District of Massachusetts, Southern District of Indiana, Northern and Western Districts of Oklahoma, Southern District of Ohio, Western District of Kentucky, and Western District of Missouri.

ALLEGED SHIPMENT: Between the approximate dates of November 21, 1950, and January 18, 1951, by the Arkansas Valley Canning Co., from Van Buren, Ark. PRODUCT: 2,762 cases of canned spinach at Atlanta, Ga.; Springfield and Holyoke, Mass.; Indianapolis, Ind.; Tulsa and Oklahoma City, Okla; Xenia and Athens, Ohio; Louisville, Ky.; and Kansas City, Mo.

A portion of the cases contained 6 cans in 6-pound, 2-ounce, and 6-pound, 4ounce, sizes, and other cases contained 24 cans in 1-pound, 2-ounce, and 1pound, 11-ounce, sizes.

LABEL, IN PART: (Can) "Rebecca Lee [or "Forest Park" or "Square Seal"] Brand Spinach” or “Bluff Creek [or "E Brand Eavey's," "Our Seal," "Kenny's," or "Virginia Lee"] Spinach."

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: Between March 5 and April 5, 1951. Default decrees of condemnation. The courts ordered that a portion of the lots of spinach be delivered to public institutions, for use as animal feed, and that the remainder of the lots be destroyed.

17282. Adulteration of canned spinch. U. S. v. 181 Cases No. 30419. Sample No. 9232-L.)

LIBEL FILED:

February 16, 1951, Northern District of Illinois.

(F. D. C.

ALLEGED SHIPMENT: On or about October 27, 1950, by the Alma Canning Co., from Alma, Ark.

PRODUCT:

cago, Ill.

181 cases, each containing 48 8-ounce cans, of spinach at Chi

LABEL, IN PART: (Can) "Savoy Spinach."

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 worms. DISPOSITION: May 8, 1951. Default decree of condemnation and destruction. 17283. Adulteration of creole okra dinner. U. S. v. 92 Cases *

No. 30211. Sample Nos. 33507-K, 33513-K.)

(F. D. C.

LIBEL FILED: December 18, 1950, Northern District of California. ALLEGED SHIPMENT: On or about June 26, 1950, by Pine Grove Canning Co., Inc., from St. Martinville, La.

PRODUCT: 92 cases, each containing 24 1-pound, 3 ounce cans, of creole okra dinner at Oakland, Calif.

LABEL, IN PART: (Can) "Creole Maid Brand Creole Okra Dinner."

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 tomato material.

DISPOSITION: May 10, 1951. Default decree of condemnation and destruction.

TOMATOES AND TOMATO PRODUCTS

17284. Adulteration and misbranding of canned tomatoes. U. S. v. 478 Cases *. (F. D. C. No. 29864. Sample No. 65433-K.)

LIBEL FILED: November 9, 1950, Northern District of Illinois.

ALLEGED SHIPMENT: On or about September 29, 1950, by Merritt Food Products, Inc., from Sweetsers, Ind.

PRODUCT: 478 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at Chicago, Ill.

NATURE OF CHARGE: Adulteration, 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.

Misbranding, Section 403 (g) (1), the product purported to be, and was represented as, canned tomatoes, and it failed to comply with the definition and standard of identity for canned tomatoes since it contained added water, which is not a permitted ingredient.

DISPOSITION: May 23, 1951. Merritt Food Products, Inc., 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 the purpose of converting it into a concentrated tomato product, under the supervision of the Food and Drug Administration.

17285. Misbranding of canned tomatoes. U. S. v. 984 Cases * No. 30200. Sample No. 91505-K.)

LIBEL FILED:

December 21, 1950, District of Minnesota.

(F. D. C.

ALLEGED SHIPMENT: On or about September 11, 1950, by the Jaqua Co., from Ansonia, Ohio.

PRODUCT: 984 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at Duluth, Minn.

NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below the standard of quality for canned tomatoes since it contained excessive peel and its label failed to bear a statement that it fell below the standard. DISPOSITION: March 13, 1951. Piggly Wiggly Northwest, Inc., Duluth, Minn., 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. 17286. Misbranding of canned tomatoes. U. S. v. 622 Cases

(F. D. C.

No. 30303. Sample No. 88336-K.) LIBEL FILED: November 28, 1950, District of New Mexico. ALLEGED SHIPMENT: On or about October 10, 1950, by Hargis Canneries, Inc., from Fayetteville, Ark.

PRODUCT: 622 cases, each containing 24 1-pound, 3-ounce cans, of tomatoes at Albuquerque, N. Mex.

LABEL, IN PART: (Can) "Hand Packed Hargis Brand Tomatoes."

།

NATURE OF CHARGE:

Misbranding, Section 403 (h) (1), the product fell below the standard of quality for canned tomatoes since it contained excessive peel and its label failed to bear a statement, as specified by the regulations, that the product fell below such standard.

DISPOSITION: January 8, 1951. Hargis Canneries, Inc., 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 brought into compliance with the law, under the supervision of the Food and Drug Administration. The product was relabeled.

17287. Adulteration of tomato catsup. U. S. v. 95 Cases *

30429. Sample No. 25093-L.)

*. (F. D. C. No.

LIBEL FILED: February 7, 1951, Eastern District of Pennsylvania.

ALLEGED SHIPMENT: On or about December 19, 1950, by Clement Pappas & Co., from Cedarville, N. J.

PRODUCT: 95 cases, each containing 6 7-pound, 3-ounce cans, of tomato catsup at Philadelphia, Pa.

LABEL, IN PART:

(Can) "Arthur Brand Fancy Tomato Catsup."

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a decomposed substance.

DISPOSITION: April 16, 1951. Default decree of condemnation. The court ordered that the product under seizure, a total of 21 cases, be destroyed. 17288. Adulteration of tomato juice. U. S. v. 2,397 Cases * * * (and 1 other seizure action). (F. D. C. Nos. 30264, 30294. Sample Nos. 9520-K, 88852-K.)

LIBELS FILED: November 17 and 22, 1950, Eastern District of Pennsylvania and District of New Jersey.

ALLEGED SHIPMENT: On or about October 26, 1950, by the Vincennes Packing Corp., from Lockport, N. Y.

Tomato Juice."

PRODUCT: Tomato juice. 2,397 cases at Philadelphia, Pa., and 900 cases at South Kearny, N. J. Each case contained 24 54-ounce cans. LABEL, IN PART: (Can) "Alice of old Vincennes 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 tomato material.

DISPOSITION: January 9 and 25, 1951. The Vincennes Packing Corp., Vincennes, Ind., claimant, having consented to the entry of decrees, judgments of condemnation were entered and the court ordered that the product be released under bond for segregation and destruction of the unfit portion, under the supervision of the Food and Drug Administration. Of the 1,655 cases seized at Philadelphia and the 816 cases seized at South Kearny, 394 and 269 cases, respectively, were segregated as unfit and were destroyed.

17289. Adulteration of tomato juice. U. S. v. 17 Cases **

30705. Sample No. 31964-L.)

(F. D. C. No.

LIBEL FILED: On or about March 19, 1951, Western District of Missouri.

ALLEGED SHIPMENT: On or about May 6, 1950, from Edcouch, Tex.

PRODUCT: 17 cases, each containing 24 1-pint, 2-ounce cans, of tomato juice at Springfield, Mo.

NATURE OF CHARGE:

Adulteration, Section 402 (a) (3), the article was unfit for food by reason of its strong metallic taste. The article was adulterated while held for sale after shipment in interstate commerce. DISPOSITION: April 19, 1951. Default decree of destruction.

17290. Adulteration of tomato puree. U. S. v. 673 Cases 30230. Sample No. 73870-K.)

LIBEL FILED:

November 6, 1950, District of New Jersey.

(F. D. C. No.

ALLEGED SHIPMENT: On or about October 18, 1950, by Saggese & Siccardi, Inc., from New York, N. Y. This was a return shipment.

PRODUCT: 673 cases, each containing 24 1-pound, 12-ounce cans, of tomato puree at Hopewell, N. J.

LABEL, IN PART:

(Can) "La Signora Brand Tomato Puree."

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 tomato material.

DISPOSITION: April 18, 1951. Default decree of condemnation and destruction.

NUTS

*

(and 3

17291. Adulteration of unshelled brazil nuts. U. S. v. 54 Bags * other seizure actions). (F. D. C. Nos. 30190, 30191, 30198, 30204. Sample Nos. 88346-K, 88348-K, 88349-K, 88351-K.)

LIBELS FILED: December 8, 12, and 15, 1950, District of Colorado. ALLEGED SHIPMENT: On or about October 25, 1950, by Hudson-Duncan & Co., from Portland, Oreg.

Denver, Colo.

PRODUCT: 120 bags, each containing 100 pounds, of unshelled brazil nuts at LABEL, IN PART: "Large Washed Brazils" or "LG Washed Brazils."

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 moldy brazil nuts and was otherwise unfit for food by reason of the presence of rancid brazil nuts.

DISPOSITION: January 30, 1951. The above cases having been consolidated and Hudson House, Inc., successor to Hudson-Duncan & 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 segregation of the fit from the unfit portion, under the supervision of the Food and Drug Administration. Of 5,070 pounds, the total amount seized, 1,735 pounds were salvaged.

17292. Adulteration of unshelled brazil nuts. U. S. v. 29 Second-Hand Coffee Bags, etc. (F. D. C. No. 30172. Sample No. 85647-K.)

LIBEL FILED: November 28, 1950, District of Minnesota.

ALLEGED SHIPMENT: On or about December 3, 1949, by Wm. A. Higgins & Co., Inc., from New York, N. Y.

PRODUCT: 29 second-hand coffee bags, each containing 100 pounds, of unshelled brazil nuts, and 18 bags, each containing 100 pounds, of unshelled, large, washed brazil nuts, at Minneapolis, Minn.

LABEL, IN PART: "Holly New Crop Large Washed Brazil Nuts." 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 moldy nuts.

DISPOSITION: May 15, 1951. Default decree of condemnation and destruction.

17293. Adulteration of unshelled brazil nuts. U. S. v. 2,626 Pounds #

(F. D. C. No. 30293. Sample No. 73047-K.)

LIBEL FILED: November 22, 1950, District of New Jersey.

ALLEGED SHIPMENT: The product was imported from Brazil on an unknown date.

PRODUCT: 2,626 pounds of unshelled brazil nuts at Jersey City, N. J.

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 moldy, rancid, and otherwise decomposed brazil nuts. The product was adul

terated while held for sale after shipment in interstate commerce. DISPOSITION: December 20, 1950. Wm. A. Camp Co., Inc., New York, N. Y., 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 segregation and destruction of all unfit nuts, under the supervision of the Food and Drug Administration. Salvaging having proved unsuccessful, the product was destroyed.

17294. Adulteration of unshelled pecans. U. S. v. 147 Bags

No. 30488. Sample No. 8911-L.)

(F. D. C.

LIBEL FILED: February 8, 1951, Northern District of Illinois.
ALLEGED SHIPMENT: On or about December 29, 1950, by the J. W. Renfroe Pecan
Co., from Troy, Ala.

PRODUCT: 147 bags, each containing 112 pounds, of unshelled pecans at Chicago, Ill.

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 moldy and decomposed pecans, and was otherwise unfit for food by reason of the presence of shriveled nuts.

DISPOSITION: March 1, 1951. Kramer Bros., Chicago, Ill., 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 segregation, under the supervision of the Food and Drug Administration. The 146 bags of nuts which were seized were shelled and sorted. These operations yielded 6,234 pounds of good nuts, and 197 pounds were rejected and destroyed.

17295. Adulteration of walnut meats. U. S. v. 38 Cases ** * (and 1 other seizure action). (F. D. C. Nos. 30152, 30168. Sample Nos. 91177-K, 91179-K.)

LIBELS FILED:

November 22 and 28, 1950, District of Minnesota.

ALLEGED SHIPMENT: On or about October 3 and 16, 1950, by the Pan American Foods Co., from New York, N. Y.

PRODUCT: 38 55-pound cases of walnut halves and 38 55-pound cases of walnut quarters at Minneapolis, Minn.