I fully recognize the need for speed so far as the stoppage of shipments of decomposed food is concerned. Clearly, if the Administration's inspectors were compelled to wait until they have made either an inspection of the source or the chemical or bacteriological tests before making a seizure, public health might be endangered. I recognize that it is not likely that any one chemical method can be developed to detect and evaluate the spoilage in eggs in view of the limited, well-defined biochemical task of the microbial species. However, this is not merely a question of seizure. This is a criminal case in which the Government is confronted with the burden of proving its case beyond a reasonable doubt. The seizure in this case was made in January 1941. The information was not filed until December 31, 1941. There was nothing to prevent the Government from having made certain as to the condition of these shipments by taking advantage of any one of the three additional tests.

"I am convinced from all of the testimony that the plaintiff has failed to sustain the burden that rests upon it in this case. To my mind, it has failed to overcome the presumption of innocence to which the defendant is entitled. Consequently, I must find that the defendant is not guilty of the violations charged in the two counts of the information and direct that this action must be dismissed."

3509. Adulteration of frozen whole eggs.

U. S. v. Highway Butter & Egg Co.,
Fine, $300. (F. D. C. No.

Inc., and William Goldberg. Plea of guilty.
6460. Sample No. 56909-E.)

On June 16, 1942, the United States attorney for the Southern District of Indiana filed an information against Highway Butter & Egg Co., Inc., and William Goldberg, Indianapolis, Ind., alleging shipment on or about May 18, 1941, from the State of Indiana into the State of New York, of a quantity of frozen eggs which were adulterated in that they consisted in whole or in part of a putrid and decomposed substance.

On June 29, 1942, the defendants having entered a plea of guilty, the court imposed a fine of $300 on defendants jointly.

3510. Adulteration of frozen eggs. U. S. v. 800 Cans of Frozen Eggs. Consent decree of condemnation. Product ordered released under bond for segregation of good portion. (F. D. C. No. 7331. Sample No. 92274-E.)

On April 13, 1942, the United States attorney for the Southern District of California filed a libel against 800 30-pound cans of frozen eggs at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about March 25, 1942, by Bradbury Produce from Woodward, Okla.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: “Bradbury Produce Whole Eggs Frozen."

*

A1

On April 24, 1942, Bradbury Produce, claimant, having admitted the allegations of the libel as to a portion of the shipment, judgment of condemnation was entered and the product was ordered released under bond for segregation of the good portion under the supervision of the Food and Drug Administration. Subsequently the rejected portion was destroyed.

3511. Adulteration of frozen eggs. U. S. v. 52 Cans of Frozen Eggs. Default decree of condemnation and destruction. (F. D. C. No. 7486. Sample No. 93121-E.)

On May 14, 1942, the United States attorney for the District of Montana filed a libel against 52 30-pound cans of frozen eggs at Butte, Mont., alleging that the article had been shipped in interstate commerce on or about March 20, 1942, by Nelson Ricks Creamery Co. from Rexburg, Idaho; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance which might have rendered it injurious to health. The article was labeled in part: (Cans) "Banquet Idaho Eggs."

On June 29, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3512. Adulteration of shell eggs. U. S. v. 14 Crates of Eggs. Default decree of condemnation and destruction, (F. D. C. No. 7138. Sample No. 90766-E.)

Examination of this product showed the presence of mixed rots, heavy spot rots, and embryos.

500343°-43

On April 2, 1942, the United States attorney for the District of Massachusetts filed a libel against 14 crates, each containing 30 dozen eggs at Revere, Mass., alleging that the article had been shipped in interstate commerce on or about March 27, 1942, by G. M. Shone from Brentwood, N. H.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance, or was otherwise unfit for food. The article was unlabeled.

On May 25, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

FISHERIES PRODUCTS

CRAB MEAT

3513. Action to enjoin and restrain distribution in interstate commerce of adulterated crab meat. U. S. v. H. Wallace and Harold M. Wallace (Gulf Crabmeat Co.). Consent decree granting permanent injunction. (Inj. No. 13.)

On July 29, 1941, the United States attorney for the Southern District of Alabama filed a complaint against H. Wallace and Harold M. Wallace, Mobile, Ala., individually, and doing business as the Gulf Crabmeat Co., alleging that from on or about May 1, 1940, to the date of filing the complaint, the defendants had been preparing and packing crab meat under insanitary conditions whereby it might have become contaminated by filth and might have been rendered injurious to health; that the food so prepared and packed consisted in whole or in part of a filthy animal substance that was unfit for food and was adulterated in violation of the law; and that the crab meat so prepared and packed was being offered for interstate shipment. The complaint alleged further that the defendants had failed to remedy the defects existing in their plant and in their method of operation and were continually preparing and packing adulterated crab meat; that they would continue to ship such adulterated crab meat in interstate commerce unless enjoined from doing so; and prayed that a preliminary injunction issue and that after due proceedings the preliminary injunction be made permanent.

On July 31, 1941, the court entered a temporary restraining order; and on February 5, 1942, the defendants having admitted the allegations of the complaint and having consented to the entry of a decree, judgment was entered permanently enjoining and restraining the defendants and anyone acting on their behalf from shipping in interstate commerce crab meat which they had manufactured or processed and that was adulterated within the meaning of the law. 3514. Adulteration of crab meat. Fine, $25; fine remitted. On March 8, 1941, the United States attorney for the Southern District of Alabama filed an information against Augustus L. Lyons, Heron Bay, Ala., alleging that on or about June 12, 1940, the defendant gave to Star Fish & Oyster Co., Inc., Mobile, Ala., a guaranty that all crab meat furnished by the defendant to said company would be neither misbranded nor adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act; that on or about June 20, 1940, the defendant sold and delivered to the Star Fish & Oyster Co., Inc., a quantity of crab meat; and that said crab meat was delivered by the purchaser for introduction in interstate commerce from the State of Alabama into the State of Maryland.

U. S. v. Augustus L. Lyons. Plea of guilty. (F. D. C. No. 2925. Sample No. 9777-E.)

The information charged further that the defendant, in violation of said act, gave a guaranty which was false since the crab meat so sold and delivered was adulterated in that it consisted in whole or in part of a filthy substance; and in that it had been prepared under insanitary conditions whereby it might have become contaminated with filth.

On February 9, 1942, the defendant having entered a plea of guilty, the court imposed a fine of $25, which was remitted.

3515. Adulteration of crab meat U. S. v. John J. Illich (John's Fish Market). Plea of guilty. Fine, $50 on each of 6 counts. Sentence suspended as to 5 of the 6 counts. Defendant placed on probation for 6 months. (F. D. C. No. 6434. Sample Nos. 50327-E to 50330-E, incl., 50849-E, 50850-E.) Inspection of the plant where this product was packed showed insanitary conditions. On May 27, 1942, the United States attorney for the Southern District of Mississippi filed an information against John J. Illich, trading as John's Fish Market. Biloxi, Miss., alleging shipment on or about July 10 and August 14 and 15, 1941, from the State of Mississippi into the State of Maryland of

quantities of crab meat which was adulterated in that it had been prepared under insanitary conditions whereby it might have become contaminated with filth.

On June 1, 1942, the defendant having entered a plea of guilty, the court imposed a fine of $50 upon each of the 6 counts, suspending the fine on 5 counts and placing the defendant on probation for 6 months.

3516. Adulteration of crab meat. U. S. v. 1 Barrel and 1 Barrel of Crab Meat. Default decrees of condemnation and destruction. (F. D. C. Nos. 7556, 7600. Sample Nos. 59898-E, 87620-E.)

On May 15 and 21, 1942, the United States attorney for the District of Maryland filed libels against 1 barrel containing 50 1-pound cans of white and 13 1-pound cans of claw crab meat, and 1 barrel containing 75 1-pound cans of white and 25 1-pound cans of claw crab meat at Baltimore, Md., alleging that the article had been shipped in interstate commerce on or about May 12 and 18, 1942, by Biloxi Seafood Co. from Biloxi, Miss.; and charging that it was adulterated in that it had been prepared, packed, or held under insanitary conditions whereby it might have become contaminated with filth.

On June 17 and 24, 1942, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

3517. Adulteration of crab meat. U. S. v. 1 Barrel, 1 Barrel, 1 Barrel, and 1 Box of Crab Meat. Default decrees of condemnation and destruction, (F. D. C. Nos. 7598, 7599, 7601. Sample Nos. 59896-E, 59897-E, 59899–E.) On May 21 and 22, 1942, the United States attorney for the District of Maryland filed libels against 2 barrels each containing 100 pounds, 1 barrel containing 101 pounds, and 1 box containing 64 pounds of crab meat at Baltimore, Md., alleging that the article had been shipped in interstate commerce on or about May 18 and 19, 1942, by C. F. Gollott Seafood Co. from Biloxi, Miss.; and charging that it was adulterated in that it had been prepared, packed, or held under insanitary conditions whereby it might have become contaminated with filth. On June 24 and 25, 1942, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

3518. Adulteration of crab meat. U. S. v. 244 Cans of Crab Meat. Default decree of condemnation and destruction. (F. D. C. No. 7554. Sample No. 70571-E.)

Examination of this product showed that it contained fecal B. coli.

On May 14, 1942, the United States attorney for the Southern District of New York filed a libel against 244 pound cans of crab meat at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about May 12, 1942, by J. A. & C. Q. Goodrich from Oak Hill, Fla.; and charging that it was adulterated in that it consisted in whole or in part of a filthy animal substance. The article was labeled in part: (Cans) "Lagoon Quality Deluxe # Crabmeat."

On June 12, 1942, no claimant having appeared, Judgment of condemnation was entered and the product was ordered destroyed.

FROZEN FISH AND SHELLFISH

3519. Adulteration of frozen shrimp. U. S. v. 16 Boxes of Frozen Shrimp. Default decree of condemnation and destruction. (F. D. C. Nos. 6263, 6264. Sample Nos. 54420-E, 54421-E.)

Examination of this product showed the presence of decomposed shrimp. On November 21, 1941, the United States attorney for the Eastern District of Pennsylvania filed a libel against 16 boxes of frozen shrimp at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about September 25 and 29 and October 6, 1941, by the Union Fish Co. from Baltimore, Md.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On January 5, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3520. Adulteration of frozen fish. U. S. v. 107 Boxes of Fish Fillets and 245 Boxes of Red Perch Fillets. Default decrees of condemnation and destruction. (F. D. C. Nos. 7337, 7390. Sample Nos. 80801-E, 86548-E.) Examination showed that this product was infested with parasites. On April 23 and 24, 1942, the United States attorneys for the Northern District of Illinois and the Northern District of Ohio filed libels against 107 10

pound boxes of fish fillets at Chicago, Ill., and 245 10-pound boxes of red perch fillets at Cleveland, Ohio, alleging that the articles had been shipped in interstate commerce on or about April 2 and 6, 1942, by Slade Gorton Co. from Boston, Mass; and charging that they were adulterated in that they consisted in whole or in part of filthy substances. The articles were labeled in part: "Fish Fillets [or "Red Perch Fillets * "] T & J Busalacchi Inc. Boston

Mass."

*

On June 10 and August 6, 1942, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed.

3521. Adulteration of frozen perch fillets. U. S. v. 200 Boxes of Fillets. Default decree of condemnation and destruction. (F. D. C. No. 7571. Sample No. 64887-E.)

Examination showed that this product was infested with parasites.

On May 28, 1942, the United States attorney for the Western District of Pennsylvania filed a libel against 200 10-pound boxes of red perch fillets at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce on or about May 18, 1942, by the Frank Ellsworth Co. from Boston, Mass.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: (Boxes) "T. & J. Busalacchi Inc. Boston Mass. Fish Fillets Deep Sea Brand Red Perch Fillets."

On June 23, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

MISCELLANEOUS

3522. Misbranding of canned salmon. U. S. v. 135 Cases of Salmon, Consent decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 6322. Sample No. 58659–E.)

This product was deceptively packaged. Furthermore, it was labeled to indicate that it was red salmon; whereas it was not red salmon, but was king salmon.

On December 2, 1942, the United States attorney for the District of Minnesota filled a libel against 135 cases, each containing 48 15-ounce cans, of salmon at Minneapolis, Minn., alleging that the article had been shipped in interstate commerce on or about September 26, 1941, by Wm. W. McBride Co. from Seattle, Wash.; and charging that it was misbranded. It was labeled in part: (Cans) "Farbest Select Salmon Natural Red Color and Oil Packed

For Farwest Fisheries Inc. Seattle."

The article was alleged to be misbranded (1) in that the label statement, "Select Salmon Natural Red Color and Oil," and the design of a cut salmon on a plate, showing a red color on the exposed surface of the meat, implying that the article was a species of salmon known as red salmon, were false and misleading as applied to king salmon, a different species; and (2) In that its container was so filled as to be misleading since the fill of the cans averaged only 87.7 percent, whereas properly filled cans of salmon should be over 90 percent filled.

On January 29, 1942, Whitney & Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be relabeled under the supervision of the Food and Drug Administration.

3523. Adulteration and misbranding of canned sardines. U. S. v. 23 Cases, 249 Cases, 224 Cases, and 165 Cases of Canned Sardines. Consent decrees of condemnation. Product released under bond to be relabeled. (F. D. C. Nos. 5434, 5597, 5888, 5938. Sample Nos. 62273-E, 69596–E, 69601-E, 75512-E.) On August 25, September 2 and 30, and October 7, 1941, the United States attorneys for the Southern and Eastern Districts of New York, District of Massachusetts, and the Northern District of Illinois filed libels against the following quantities of canned sardines-23 cases each containing 100 34-ounce cans at New York, N. Y.; 249 cases each containing 100 34-ounce cans at Brooklyn, N. Y.; 224 cases each containing 100 32-ounce cans at Somerville, Mass.; and 165 cases each containing 100 34-ounce cans at Chicago, Ill., alleging that the article had been shipped on or about July 4 and 25 and August 15, 1941, by the Addison Packing Co. from Ellsworth, Maine; and charging that it was adulterated and misbranded. It was labeled in part: "Surfman Brand Selected Maine Sardines in Pure Olive Oil"; or "Farm House Brand American Sardines Reid Murdoch & Co. Distributors Chicago."

The article was alleged to be adulterated in that a valuable constituent, olive oil, had been in whole or in part omitted therefrom. A portion of the article was alleged to be adulterated in that sardines in an oil other than olive oil had

been substituted for sardines in pure olive oil, which it purported to be. The remainder of the article was alleged to be adulterated in that an oil other than olive oil had been substituted for pure olive oil, which it purported to be.

The article was alleged to be misbranded in that the statement "In Pure Olive Oil" or "Packed in Pure Olive Oil" was false and misleading as applied to an article that consisted largely of an oil other than olive oil and that contained little or no olive oil.

On September 23, October 7, and December 4 and 16, 1941, the B. O. Bowers Co., claimant for the seizures at New York and Brooklyn, and the Addison Packing Co., claimant for the seizures at Somerville and Chicago, having admitted the allegations of the libel, judgments of condemnation were entered and the product was ordered released under bond to be relabeled under the supervision of the Food and Drug Administration.

3524. Adulteration and misbranding of canned sardines.

U. S. v. 61 Cartons of Canned Sardines. Consent decree of forfeiture ordering the product released under bond to be relabeled. (F. D. C. No. 6033. Sample No. 51906-E.)

On October 15, 1941, the United States attorney for the District of Massachusetts filed a libel against 61 cartons, each containing 100 cans, of sardines at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about August 25, 1941, by Reeves Parvin & Co. from Ellsworth, Maine; and charging that it was adulterated and misbranded. It was labeled in part: (Cans) "Contents 34 Ozs. Surfman Brand Selected Maine Sardines in Pure Olive Oil Packed by Addison Packing Co., Southwest Harbor, Me."

The article was alleged to be adulterated (1) in that a valuable constituent, olive oil, had been in whole or in part omitted therefrom; and (2) in that an article, sardines in an oil other than olive oil, had been substituted for sardines in pure olive oil, which it purported to be.

It was alleged to be misbranded in that the statement "In Pure Olive Oil" was false and misleading as applied to an article that consisted largely of an oil other than olive oil and that contained little or no olive oil.

On January 7, 1942, Addison Packing Co., claimant, having admitted the allegations of the libel, judgment of forfeiture was entered and the product was ordered released upon the deposit of collateral conditioned that it be relabeled under the supervision of the Food and Drug Administration.

3525. Adulteration of tullibees. U. S. v. 107 Boxes of Frozen Fish. Default decree of condemnation and destruction. (F. D. C. No. 7073. Sample No. 74260-E.)

Examination showed that this product contained parasitic worms.

On March 21, 1942, the United States attorney for the District of New Jersey filed a libel against 107 boxes, each containing 130 to 140 pounds, of frozen fish at Jersey City, N. J., alleging that the article had been shipped in interstate commerce on or about February 16, 1942, by Atlantic Fish & Oyster Co. from Chicago, Ill.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: "Product of Canada Cold Storage Lot 23106 Rec'd 2 18 42."

On May 9, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

FRUITS AND VEGETABLES

APPLES

3526. Adulteration of apples. U. S. v. 241 Boxes of Apples. Default decree of condemnation and destruction. (F. D. C. No. 6386. Sample No. 70225-E.) Examination showed that this product was contaminated with spray residue containing lead and arsenic.

On December 2, 1941, the United States attorney for the Northern District of Georgia filed a libel against 241 boxes of apples at Atlanta, Ga., alleging that the article had been shipped in interstate commerce on or about November 1, 1941, by Mojonnier & Sons, Inc., from Wenatchee, Wash.; and charging that it was adulterated in that it bore or contained added poisonous or deleterious ingredients, arsenic and lead, which might have rendered it injurious to health. The article was labeled in part: "Blue Mountain Brand Apples."

On April 7, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.