NUTS AND NUT PRODUCTS Nos. 5067 to 5069 report actions involving nut meats that were found to be contaminated with Escherichia coli, an organism which indicates pollution of fecal origin. The first two were also found to contain one or more other types of filth, such as rodent hairs, cat hairs, feather barbules, and insect fragments. 5067. Adulteration of black walnut kernels. U. S. v. 22 Cases of Black Walnut Kernels. Decree of condemnation. Product ordered released under bond for reconditioning. (F. D. C. No. 9252. Sample No. 5871-F.) On January 29, 1943, the United States attorney for the Western District of Tennessee filed a libel against 22 cases, each containing 35 pounds, of black walnut kernels at Memphis, Tenn., alleging that the article had been shipped in interstate commerce on or about December 10, 1942, by the Mullins Produce Co. from West Plains, Mo.; and charging that it was adulterated in that it consisted wholly or in part of filthy substances, and in that it had been prepared under insanitary conditions. On June 9, 1943, Alvin Mullins having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reconditioning by washing, cleaning, and pasteurizing, under the supervision of the Food and Drug Administration. 5068. Adulteration of walnut kernels. U. S. v. 46 Cartons of Walnut Kernels. Default decréé of condemnation and destruction. (F. D. C. No. 9191. Sample No. 23201-F.) On January 14, 1943, the United States attorney for the Middle District of Pennsylvania filed a libel against 46 5-pound cartons of walnut kernels at Harrisburg, Pa., alleging that the article had been shipped in interstate commerce on or about December 9, 1942, by the J. R. Traubarger Produce & Feed Co. from Kingsport, Tenn.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances. The article was labeled in part: (Carton) "Pasteurized Black Walnut Kernels." On February 12, 1943, no claimant having appeared, judgment of condemnation was entered and the court ordered that the seized product be destroyed by the marshal. On May 17, 1943, the marshal having been unable to comply with the order of the court because the product had been returned to the shipper, the case was ordered closed. 5069. Adulteration of pecan pieces and pecan granules. U. S. v. 3 Boxes of Pecan Granules and 39 Boxes of Pecan Pieces. Default decrees of condemnation and destruction. (F. D. C. Nos. 9081, 9089. Sample Nos. 22435-F, 28746-F.) On December 28 and 31, 1942, the United States attorney for the Eastern District of Pennsylvania and the Western District of North Carolina filed libels against the above described products at Philadelphia, Pa., and Charlotte, N. C., alleging that the articles had been shipped in interstate commerce on or about November 30 and December 4, 1942, by the Southland Pecan Co., Inc., from Columbus, Ga.; and charging that they were adulterated in that they consisted in whole or in part of filthy substances. The articles were labeled in part: "Gold Medal Pecan Granules," or "Gold Medal Pecans Selected Pieces." On January 15 and February 8, 1943, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed. Nos. 5070 to 5078 report actions involving nuts that were found to contain one or more types of filth, such as insect and worm excreta, rodent and cat hairs, insect fragments and webbing, larvae, pupae, cocoons, moths, beetles, and feather barbules. In addition, many lots were rancid, moldy, and decomposed, and showed evidence of insect and worm cutting. 5070. Adulteration of Brazil nuts. U. S. v. 19 Bags, 30 Bags, and 16 Bags of Brazil Nuts. Consent decree of condemnation. Product ordered released under bond for segregation of the fit portion from the unfit portion. (F. D. C. Nos. 8953, 8960, 8969. Sample Nos. 12433-F, 12436-F, 30502-F.) On December 8, 1942, the United States attorney for the Western District of Washington filed a libel against a total of 65 100-pound bags of Brazil nuts at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about September 12, 1942, by Wm. A. Higgins & Co. from New York, N. Y.; 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: (Bag) "Holly New Crop Large Washed Brazil Nuts." On December 15, 1942, Schwabacher Bros. & Co., Inc., the American Wholesale Grocery Co., and the Matchett-Macklem Co., all of Seattle, Wash., having appeared as claimants for respective portions of the article and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for segregation of the fit portion from the unfit portion, under the supervision of the Food and Drug Administration, and for disposal of the product in compliance with the law. 5071. Adulteration of walnut meats. U. S. v. Lewis R. Stone (L. R. Stone Co.). Plea of nolo contendere, Fine, $150; $50 on each of 6 counts, with payment of fine on last 3 counts suspended. (F. D. C. No. 7661. Sample Nos. 7390-F, 9726-F, 12188-F, 12197-F, 17434-F, 22632-F.) On May 27, 1943, the United States attorney for the Southern District of California filed an information against Lewis R. Stone, trading as L. R. Stone Co. at Los Angeles, Calif., alleging shipment within the period from on or about November 6 to December 1, 1942, from the State of California into the States of Washington, Pennsylvania, New York, Louisiana, and North Dakota of quantities of walnut meat that were adulterated in that they consisted in whole or in part of filthy and decomposed substances. The article was labeled in part: "Golden Pak California Shelled Walnut Meats." On June 14, 1943, a plea of nolo contendere having been entered, the court imposed a fine of $50 on each of 6 counts in the information, with the provision that the fine on the last 3 counts would be suspended if the payment of the fine on the first 3 counts was made within a week from the date of imposition of sentence. 5072. Adulteration of walnut meats. U. S. v. 12 Cases of Shelled Walnut Meats (and 9 additional seizure actions against walnut meats). Default decrees of condemnation and destruction as to 5 of the lots; decrees of condemnation providing for release of the remaining lots under bond for reprocessing. (F. D. C. Nos. 8905, 9068, 9096, 9115, 9141, 9149 to 9151, incl., 9383, 9747. Sample Nos. 479-F, 7390-F, 9726-F, 12188-F, 12497-F, 17434-F, 20127-F to 20129-F, incl., 22632-F.) Between November 21, 1942, and April 3, 1943, the United States attorneys for the Western District of Washington, the Eastern District of Pennsylvania, the Southern District of New York, the Western District of Louisiana, the District of North Dakota, the District of Massachusetts, the Eastern District of Wisconsin, and the District of Idaho filed libels against 12 cases of shelled walnut meats at Takoma, Wash., 36 cartons at Philadelphia, Pa., 25 cartons at New York City, N. Y., 27 cartons at Alexandria, La., 41 cartons at Fargo, N. Dak., 43 cartons at Springfield, Mass., 50 cartons at Holyoke, Mass., 15 cartons at Milwaukee, Wis., and 25 cases at Boise, Idaho, the cases and cartons each containing 25 pounds of shelled walnut meats, alleging that the article had been shipped in interstate commerce within the period from on or about November 6, 1942, to April 12, 1943, by the L. R. Stone Co. from Los Angeles, Calif.; 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: "Golden Pak California Shelled Walnut Meats." On February 1, 1943, the Quaker Products Co. of Philadelphia, Pa., having appeared as claimant for the lot located at Philadelphia, Pa., judgment of condemnation was entered and the product was ordered released under bond for reconditioning under the supervision of the Food and Drug Administration. On March 6 and 19, 1943, L. R. Stone, trading and doing business as L. R. Stone Co. of Los Angeles, Calif., having appeared as claimant for the lots located at Fargo, N. Dak., and Springfield and Holyoke, Mass., judgments of condemnation were entered and the product was ordered released under bond for reconditioning under the supervision of the Food and Drug Administration, and destruction of the unfit portions. Between January 8 and June 16, 1943, no claimant having appeared for the remaining lots, default decrees of condemnation were entered and the product was ordered destroyed. 5073. Adulteration of walnut meats. U. S. v. 3 Cartons of Walnut Meats. Default decree of condemnation and destruction. (F, D. C. No. 9144. Sample No. 18949-F.) On January 8, 1943, the United States attorney for the District of New Jersey filed a libel against 3 cartons of walnut meats at Linden, N. J., alleging that the article had been shipped in interstate commerce on or about November 30, 1942, by the L. R. Stone Co. from Los Angeles, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. On June 1, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5074. Adulteration of walnut meats. U. S. v. 300 Cartons of Shelled Walnuts. Consent decree of condemnation. Product ordered released under bond for segregation and destruction of the unfit portion. (F. D. C. No. 9525. Sample No. 18527-F.) On or about March 12, 1943, the United States attorney for the Southern District of New York filed a libel against 300 cartons, each containing 25 pounds, of shelled walnuts at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about February 1, 1943, by the Herman C. Fisher Co., from Orange, Calif.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances. On March 31, 1943, the Herman C. Fisher Co. of San Francisco, Calif., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for segregation and destruction of the unfit portion under the supervision of the Food and Drug Administration. 5075. Adulteration of walnut meats. U. S. v. 1 Case and 39 Cartons of Walnut Meats. Decrees of condemnation. One lot ordered destroyed. The remaining lot ordered released under bond to be brought into compliance with the law. (F. D. C. Nos. 8618, 9826. Sample Nos. 12157-F, 42504-F.) On October 22, 1942, and April 22, 1943, the United States attorney for the Western District of Washington filed libels against 1 case and 39 cartons, each containing 25 pounds, of walnut meats at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about July 31, 1942, and February 5, 1943, by Granton & Co. from Los Angeles, Calif.; 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: "Packed for Frederick & Nelson Seattle, Wash. Standard Ambergrade Shelled Walnuts," or "California Light Amber Shelled Walnuts." On June 10, 1943, Frederick and Nelson Co. of Seattle, Wash., having appeared as claimant for the 39 cartons covered by one of the libels, and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond to be brought into compliance with the law under the supervision of the Food and Drug Administration. The unfit portion was segregated and denatured. On July 13, 1943, no claimant having appeared for the one case, judgment of condemnation was entered and the product was ordered destroyed. 5076. Adulteration of walnut meats. U. S. v. 40 Cartons and 68 Cartons of Walnut Meats. Consent decree of condemnation. (F. D. C. Nos. 9154, 9235. Sample Nos. 12461-F, 12464-F, 13256-F.) On January 12 and February 1, 1943, the United States attorney for the Western District of Washington filed libels against a total of 108 cartons of walnut meats at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about December 21 and 30, 1942, by Morris Rosenberg from Los Angeles, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a filthy and decomposed substance. On May 17, 1943, Morris Rosenberg having appeared as claimant and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for reconditioning under the supervision of the Food and Drug Administration. The good portion was separated from the bad and the latter destroyed or denatured. 5077. Adulteration of pecan meats. U. S. v. 12 Cases of Pecan Meats. Default decree of condemnation and destruction. (F. D. C. No. 9515. Sample No. 12945-F.) On March 11, 1943, the United States attorney for the Eastern District of Washington filed a libel against 12 60-pound cases of walnut meats at Spokane, Wash., alleging that the article had been shipped in interstate commerce on or about June 13, 1942, by the L. R. Stone Co. from Los Angeles, Calif.; and charging that it was adulterated in that it consisted wholly or in part of filthy substances. The article was labeled in part: "Bargain Pecan Pieces." On July 8, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5078. Adulteration of pecan halves. U. S. v. 20 Cases of Pecan Halves. Consent decree of condemnation. Product ordered released under bond for reconditioning of the fit portion and destruction of the unfit portion. (F. D. C. No. 9605. Sample No. 18533-F.) On March 24, 1943, the United States attorney for the Eastern District of New York filed a libel against 20 60-pound cases of pecan halves at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about March 4, 1943, by the Associated Pecan Co. from Valdosta, Ga.; 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: "No. 2 Pecan Halves *** South Georgia Pecan Co. Valdosta, Ga." On May 5, 1943, A. Pearlman & Co., Inc., having appeared as claimant and having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for reconditioning by hand-picking and cleaning of the fit portion and destruction of the unfit portion, under the supervision of the Food and Drug Administration. 5079. Adulteration of chipped coconut. U. S. v. 40 Cases of Chipped Cocoanut. Decree of condemnation. Product ordered released under bond to be brought into compliance with the law. (F. D. C. No. 9338. Sample No. 31777-F.) On February 8, 1943, the United States attorney for the Northern District of Ohio filed a libel against 40 130-pound cases of chipped coconut at Bryan, Ohio, alleging that the article had been shipped in interstate commerce on or about December 5, 1941, by the Stein Hall Manufacturing Co. from New York, N. Y.; 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: "McCord's Blue Bar Cocoanut Blue Bar Cocoanut Company Byron Ohio." On March 2, 1943, the Spangler Candy Co., Bryan, Ohio, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be brought into compliance with the law under the supervision of the Food and Drug Administration. 5080. Adulteration of shredded coconut. U. S. v. 15 Boxes of Shredded Cocoanut. Decree of condemnation. Product ordered released under bond to be brought into compliance with the law. (F. D. C. No. 9337. Sample No. 31776-F.) On February 8, 1943, the United States attorney for the Northern District of Ohio filed a libel against 15 130-pound boxes of shredded coconut at Bryan, Ohio, alleging that the article had been shipped in interstate commerce on or about August 4, 1942, by the Braun Importing Co., Inc., from New York, N. Y.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. On March 2, 1943, the Spangler Candy Co., Bryan, Ohio, claimant, having admitted the material allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be brought into compliance with the law under the supervision of the Food and Drug Administration. 5081. Adulteration and misbranding of peanuts. U. S. v. 6 Cases of Salted Peanuts. Default decree of condemnation and destruction. (F. D. C. No. 9490. Sample No. 30874-F.) On March 6, 1943, the United States attorney for the Eastern District of Washington filed a libel against 6 cases, each containing 60 bags, of salted peanuts at Spokane, Wash., alleging that the article had been shipped in interstate commerce on or about January 31, 1943, by the Reliable Nut Co. from Los Angeles, Calif.; and charging that it was adulterated and misbranded. The article was labeled in part: (Bags) "Royal Seal Fancy Salted Spanish Peanuts*** Vegetable Oil." The article was alleged to be adulterated in that salted peanuts containing mineral oil had been substituted wholly or in part for salted peanuts containing pure vegetable oil, which the article purported to be. The article was alleged to be misbranded in that the statement, "Peanuts, Salt, Pure Vegetable Oil," was false and misleading as applied to an article consisting of peanuts, salt, and mineral oil, a non-nutritive substance. On May 3, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5082. Adulteration of peanut butter. U. S. v. 86 Cases of Peanut Butter. Default decree of condemnation and destruction. (F. D. C. No. 9421. Sample No. 9446-F.) On February 23, 1943, the United States attorney for the Western District of Louisiana filed a libel against 86 cases, each containing 12 jars, of peanut butter at Monroe, La., alleging that the article had been shipped in interstate commerce on or about December 10, 1942, by the Southland Products Co., from Jackson, Miss.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, dirt. The article was labeled in part: (Jars) "Southland Brand Peanut Butter." On April 8, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed or otherwise disposed of by the marshal, as provided by law. 5083. Adulteration and misbranding of peanut butter. U. S. v. 40 Cases of Peanut Butter (and 3 additional seizure actions against peanut butter). Default decrees of con. demnation. Portion of product ordered delivered to a Federal institution for use as hog feed; remainder ordered destroyed. (F. D. C. Nos. 9341, 9342, 9827, 9945. Sample Nos. 28451-F, 28452-F, 36064-F, 36111-F, 36113-F.) This product contained dirt, and portions also contained rodent hairs, insect fragments and grit. On February 10 and May 31, 1943, the United States attorneys for the Southern District of Georgia and the District of Wyoming filed libels against 62 cases, each case containing jars of various sizes, of peanut butter at Augusta, Ga., and 105 cases, each case containing jars of various sizes, of peanut butter at Rawlins, Wyo., alleging that the article had been shipped in interstate commerce within the period from on or about October 30, 1942, to January 8, 1943, by the Jaxon Foods, Inc., from Jacksonville, Fla.; and charging that it was adulterated and misbranded. or On April 21, 1943, the United States attorney for the District of Colorado filed a libel against 82 cases, each case containing jars of various sizes, of peanut butter at Denver, Colo., which had been shipped by the Jaxon Foods, Inc., of Jacksonville, Fla., alleging that the article had been shipped on or about June 27, 1942, from Jacksonville, Fla.; and charging that it was adulterated. The article was labeled in part: "Besmaid Peanut Butter***" "Meadow Lark Peanut Butter***" "Little Moore Brand 'Its Good' Peanut Butter." It was alleged to be adulterated in that it consisted in whole or in part of a filthy substance. The lot located at Augusta, Ga., was alleged to be adulterated further in that it had been prepared under insanitary conditions whereby it may have become contaminated with filth. The 12-ounce jars were alleged to be misbranded in that the statement appearing on the labeling, "Net Wt. 12 Ozs.," was false and misleading since it was short of the declared weight, and in that it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents. Between May 6 and August 5, 1943, no claimant having appeared, judgments of condemnation were entered and the lots located at Augusta, Ga., were ordered delivered to a Federal institution for use as hog feed, and the remaining lots were ordered destroyed. 5084. Misbranding of peanut butter. contendere. 4560-F.) Fine, $150. (F. U. S. v. The Geo. E. Pellens Company. Plea of nolo On March 29, 1943, the United States attorney for the Southern District of Ohio filed an information against the Geo. E. Pellens Co., a corporation, at Cincinnati, Ohio, alleging shipment within the period from on or about September 15 to 25, 1942, from the State of Ohio into the States of Kentucky and Indiana of a quantity of peanut butter that was misbranded. The article was labeled in part: (Jars) "Rayo Peanut Butter*** Net Wt. 8 Oz. [or "Contents 12 Oz." or "Contents 24 Öz."]." The article was alleged to be misbranded in that the statements, "Net Wt. 8 Oz [or "Contents 12 Oz.," or "Contents 24 Oz."]," borne on the labels were false and misleading since the jars did not contain the amount declared, but did contain a smaller amount. It was alleged to be misbranded further in that it was a food in package form and its label did not bear an accurate statement of the quantity of the contents. On July 27, 1943, a plea of nolo contendere having been entered on behalf of the defendant, the court imposed a fine of $150. 5085. Misbranding of peanut butter. U. S. v. 50 Cases of Peanut Butter. Consent decree of condemnation. Product ordered released under bond for repackaging. (F. D. C. No. 9365. Sample No. 18960-F.) This product was short of the declared weight. On February 12, 1943, the United States attorney for the District of New Jersey filed a libel against 50 cases of peanut butter at Newark, N. J., alleging that the article had been shipped in interstate commerce on or about December 19, 1942, by the H & M Packing Co., Inc., from Brooklyn, N. Y.; and charging that it was misbranded. The article was labeled in part: (Jars) "Champion Brand Peanut Butter Made from No. 1 Peanuts Net Wt. 12 oz." The article was alleged to be misbranded in that the statement, "Net. Wt. 12 oz.," was false and misleading as applied to an article that was short weight, and in that it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents. On July 21, 1943, the H & M Packing Co., Inc., having appeared as claimant and having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for repackaging under the supervision of the Food and Drug Administration, so that each jar would contain 12 ounces, in compliance with the law. 5086. Misbranding of peanut butter. U. S. v. 67 Cases of Peanut Butter. Default decree of condemnation and destruction. (F. D. C. No. 9434. Sample No. 9731-F.) This product was short weight. On March 6, 1943, the United States attorney for the Southern District of Mississippi filed a libel against 67 cases of peanut butter, each containing 24 jars, |