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LABEL, IN PART: "Big League Brand Cut Green Beans *

Distributed

by Canners Exchange Inc., Springfield, Mo." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: January 19, 1944. Grover Howard, doing business as the Baron Canning Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond, the adulterated portion to be segregated and destroyed under the supervision of the Food and Drug Administration.

5924. Adulteration of canned green beans. U. S. v. 370 Cases and 100 Cases of Canned Green Beans. Default decrees of condemnation and destruction. (F. D. C. Nos. 11031, 11778. Sample Nos. 40636-F, 47664–F.) LIBELS FILED: November 1, 1943, Southern District of Iowa; February 9, 1944, Northern District of Iowa.

ALLEGED SHIPMENT: On or about July 29, August 6, and September 8, 1943, by the Deck Brothers Produce Co., Springfield, Mo.

PRODUCT: 370 cases of green beans at Marshalltown, Iowa, and 100 cases at Mason City, Iowa.

LABEL, IN PART: "Big League Brand Cut Green Beans * * Distributed by Canners Exchange, Inc. Springfield, Mo.," or "Mayflower Cut Green Beans * Distributed by Marshall Canning Co. Marshalltown, Iowa." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance.

This product was undergoing progressive bacterial decomposition. DISPOSITION: December 7, 1943, and March 10, 1944. No claim having been entered, the product was condemned and ordered destroyed.

Nos. 5925 to 5931 represent actions involving canned peas that purported to be a food for which a standard of quality has been prescribed by law, but its quality fell below the standard because of higher alcohol-insoluble solids than the maximum permitted by the standard, and its label failed to bear, in the manner and form that the regulations specify, a statement that it fell below the standard.

5925. Misbranding of canned peas. U. S. v. 41 Cases and 22 Cases of Canned Peas. Default decrees of condemnation. Product ordered delivered to charitable institutions. (F. D. C. Nos. 10839, 10995. Sample Nos. 46364-F, 53180-F.)

LIBELS FILED: September 27 and October 25, 1943, Eastern District of Virginia. ALLEGED SHIPMENT: August 10, 1943, by Gibbs & Co., Inc., Baltimore, Md. PRODUCT: 63 cases of canned peas at Richmond, Va.

LABEL, IN PART: "Gibbs Sifted Early June Peas."

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard.

DISPOSITION: December 3 and 4, 1943. No claimant having appeared, decrees of condemnation were entered and the product was ordered delivered to charitable institutions.

5926. Misbranding of peas. U. S. v. 19 Cases of Peas. Default decree of condemnation. Product ordered delivered to a charitable institution.

(F. D. C. No. 11003. Sample No. 23875-F.)

LIBEL FILED: October 25, 1943, Eastern District of Pennsylvania. ALLEGED SHIPMENT: On or about July 1, 1943, by the Melrose Canning Co., Melrose, Md.

PRODUCT: 19 cases of canned peas at Philadelphia, Pa.

LABEL, IN PART: "Evelyn run of pod Early June Peas."

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard.

DISPOSITION: December 6, 1943. No claim having been entered, the product was condemned and ordered delivered to a charitable institution.

5927. Misbranding of canned peas. U. S. v. 559 Cases of Peas. Decree of condemnation. Product ordered released under bond to be relabeled. C. No. 11004. Sample No. 53431-F.)

LIBEL FILED: October 27, 1943, Southern District of West Virginia.

(F. D.

ALLEGED SHIPMENT: On or about July 14, 1943, by the St. Mary's Packing Co.,
Sidney, Ohio.

PRODUCT: 559 cases, each containing 24 cans, of peas at Charleston, W. Va.
LABEL, IN PART: "Mello-Glo
* Early June Peas."

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VIOLATION CHARGED: Misbranding, Section 403 (h) (1), in addition to the high alcohol-insoluble solids content, these peas were below standard because of the high percentage of ruptured peas in the containers.

DISPOSITION: January 11, 1944. The St. Mary's Packing Co. appeared as claimant and 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 Federal Security Agency.

5928. Misbranding of canned peas. U. S. v. 249 Cases of Canned Peas. Consent decree of condemnation. Product ordered released under bond for

relabeling. (F. D. C. No. 11014. Sample No. 56663-F.)

LIBEL FILED: October 28, 1943, Southern District of New York.

ALLEGED SHIPMENT: On or about August 19, 1943, by the Hanover Canning Co., Hanover, Pa.

PRODUCT: 249 cases of peas at New York, N. Y.

LABEL, IN PART: "Dawn Glo Brand Early June Peas."

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard.

DISPOSITION: December 15, 1943. Peter Reeves Markets, Inc., claimant, having entered a consent decree of condemnation, the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration.

5929. Misbranding of canned peas. U. S. v. 257 Cases, 408 Cases, and 139 Cases of Peas. Consent decrees of condemnation. Product ordered released under bond to be relabeled. (F. D. C. Nos. 10941, 10942, 11099. Sample Nos. 46382-F, 46383-F, 58503-F.)

LIBELS FILED: On or about October 16 and November 17, 1943, Western District of Virginia.

ALLEGED SHIPMENT: From on or about August 19 to 21, 1943, by the Frederick City Packing Co., Thurmont, Md.

PRODUCT: 665 cases at Roanoke, Va., and 139 cases at Radford, Va.

LABEL, IN PART: "Pride of the Valley Brand Early June Peas."

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard.

DISPOSITION: December 24, 1943. Claimant, Frederick City Packing Co. Consent decrees of condemnation were entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration.

5930. Misbranding of canned peas. U. S. v. 249 Cases, 225 Cases, 10 Cases, and 51 Cases of Canned Peas. Decrees of condemnation. Portion of product ordered released under bond for relabeling; remainder ordered delivered to local hospitals. (F. D. C. Nos. 10945, 11177, 11730. Sample Nos. 46393-F, 53185-F, 59021-F.)

LIBELS FILED: On or about October 20 and 21, 1943, Western District of Virginia; December 1, 1943, Northern District of West Virginia; and January 31, 1944, Southern District of West Virginia.

ALLEGED SHIPMENT: From on or about July 19 to September 24, 1943, by the H. J. McGrath Co., Baltimore, Md.

PRODUCT: 249 cases at Lexington, Va., 225 cases at Staunton, Va., 10 cases at Martinsburg, W. Va., and 51 cases at Williamson, W. Va., each case containing 24 cans of peas.

LABEL, IN PART: "Sword Early June Peas

Nationally Distributed By

Household Products Co.," or "McGrath's Sifted Early June Peas *
McGrath's Champion Brand."

*

VIOLATIONS CHARGED: Misbranding (all lots), Section 403 (h) (1), the product was below standard. The lots at Lexington and Staunton, Va., and Martinsburg, W. Va., were misbranded further, Section 403 (a), in that the statement, "Sword foods are full flavored and fresh, conforming to the United States Government regulations for standard grade merchandise," borne on the label,

was false and misleading as applied to canned peas which were substandard in quality, and further in that the design on the label consisting of a dish of succulent peas and pods and leaves of peas, all in the succulent stage, was false and misleading as applied to peas not in the succulent stage of maturity. DISPOSITION: December 20, 1943. The Huger Davidson Sale Co., Inc., Lexington, Va., having appeared as claimant for the Lexington and Staunton lots, judgments of condemnation were entered and they were ordered released under bond for relabeling. On January 3 and February 16, 1944, no claimant having appeared for the remaining lots, judments of condemnation were entered and the product was ordered delivered to local hospitals.

5931. Misbranding of canned peas. U. S. v. 1,054 Cases, 960 Cases, and 80 Cases of Canned Peas. Decrees of condemnation. Portion of product ordered sold; remainder ordered released under bond to be relabeled. (F. D. C. Nos. 10856, 12198. Sample Nos. 13986-F, 13987-F, 69102–F.) LIBEL FILED: On or about September 29, 1943, Southern District of California; and April 17, 1944, District of Colorado.

ALLEGED SHIPMENT: From on or about August 1 to November 2, 1943, by the Box Elder Packing Corporation, Brigham City, Utah.

PRODUCT: 2,014 cases of peas at Los Angeles, Calif., and 80 cases at Denver, Colo. LABEL, IN PART: (2,014 cases) "Gardenside Sweet Peas

* * *

Distributed By Table Products Company, Oakland, California." The remainder was unlabeled. VIOLATIONS CHARGED: Misbranded (all lots), Section 403 (h), (1), this product was below standard. The lot at Denver was further misbranded, Section 402 (e) (1), in that it was in package form and failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor; and Section 402 (e) (2), an accurate statement of the quantity of the contents. DISPOSITION: November 1, 1944. Safeway Stores, Inc., Los Angeles, Calif., claimant, having admitted the allegations of the libel filed with respect to the 2,014 cases at Los Angeles, judgment of condemnation was entered and the product was ordered released under bond, conditioned that it be relabeled. On May 26, 1944, no claimant having appeared for the lot at Denver, judgment of condemnation was entered and the product was ordered sold.

5932. Adulteration of chick peas. U. S. v. 60 Bags of Chick Peas. Default decree of condemnation and destruction. (F. D. C. No. 10224. Sample No. 42170-F.)

LIBEL FILED: July 12, 1943, Northern District of Ohio.

ALLEGED SHIPMENT: On or about September 16, 1942, from Chula Vista, Calif. PRODUCT: 60 100-pound bags of chick peas at Cleveland, Ohio, in possession of the National Terminals Corporation.

VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance, rodent excreta and urine; and, Section 402 (a) (4), it had been held, after shipment, under insanitary conditions whereby it might have become contaminated with filth.

DISPOSITION: December 8, 1943. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5933. Adulteration of split peas. U. S. v. 48 Bags, 35 Bags, 25 Bags, and 10 Bags of Split Peas. Decree of condemnation. Portion of product (48 bags) ordered released under bond, or upon deposit of cash collateral, to be fumigated and reconditioned. Remainder of product ordered delivered to a Federal penitentiary for national defense and salvage purposes. (F. D. C. No. 10666. Sample Nos. 56041-F, 56042-F, 56044-F, 56048-F.)

LIBEL FILED: On or about September 10, 1943, Southern District of New York. ALLEGED SHIPMENT: From on or about December 23, 1942, to February 2, 1943, by the Mark Means Co., Lewiston, Idaho.

PRODUCT: 118 bags of split peas at New York, N. Y.

LABEL, IN PART: "Lewis Clark Brand Idaho Green Split Peas," and "Lewis Clark Brand Idaho Yellow Split Peas."

VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of one or more of the following: Larvae, pupae, webbing, moths, and cast skins. DISPOSITION: December 29, 1943. Jack Levy, doing business as the Gordon Products Co., New York, N. Y., having appeared as claimant for the lot of 48

bags, and having admitted the allegations of the libel relating to that lot, and no claimant having appeared for the other lots, judgment of condemnation was entered with respect to all lots. The lot of 48 bags was ordered released under bond, or upon deposit of cash collateral, to be fumigated and reconditioned under the supervision of the Food and Drug Administration. The remaining lots were ordered delivered to a Federal penitentiary for national defense and salvage purposes, conditioned that the product be denatured.

5934. Adulteration of pickles. U. S. v. 14 Cases of Pickles. Default decree of condemnation and destruction. (F. D. C. No. 11156. Sample Nos. 50440-F, 50454-F.)

LIBEL FILED: November 22, 1943, Eastern District of Pennsylvania.

ALLEGED SHIPMENT: On or about September 15, 1943, by Bloch & Guggenheimer, Inc., New York, N. Y.

PRODUCT: 14 cases, each containing 12 jars, of pickles at Philadelphia, Pa. LABEL, IN PART: “B an' G Fancy Dwarf Brand Fresh Cucumber Pickles." VIOLATION CHARGED: 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.

DISPOSITION: December 17, 1943. No claimant having appeared, decree of condemnation was entered and the product was ordered destroyed.

5935. Misbranding of potatoes. U. S. v. Roy Linzoy. Plea of guilty. Fine, $250, of which $200 was suspended. (F. D. C. No. 10632. Sample No. 9083-F.) INFORMATION FILED: January 17, 1944, Western District of Louisiana, against Roy Linzoy, Simmesport, La.

ALLEGED SHIPMENT: On or about May 18, 1943, the defendant delivered at Simmesport, La., for shipment into the State of Texas, a number of sacks of potatoes. LABEL, IN PART: "Lone Star Bliss Triumphs 100 Lbs. Net," or "100 Lbs. [or "100 Lbs. Net"] Louisiana Pride Triumphs Potatoes."

VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statement "100 Lbs," borne on a number of sacks, and the statement "100 Lbs. Net," borne on the remainder of the sacks, were false and misleading in that the sacks did not each contain 100 pounds of potatoes, but contained a smaller amount; Section 403 (e) (2), the product was in package form and its label failed to bear an accurate statement of the quantity of the contents; and, Section 403 (e) (1), the label failed to bear the name and place of business of the packer or distributor.

DISPOSITION: January 24, 1944. The defendant having entered a plea of guilty, the court imposed a fine of $250, of which $200 was suspended.

5936. Misbranding of potatoes. U. S. v. 200 Bags of Potatoes. Consent decree ordering that the product be released under bond to be resacked. (F. D. C. No. 11312. Sample No. 43190-F.)

LIBEL FILED: December 15, 1943, Northern District of California.

ALLEGED SHIPMENT: On or about November 30, 1943, by Troy V. Cook, from Dairy, Oreg.

PRODUCT: 200 bags of potatoes at Sacramento, Calif.

LABEL, IN PART: "U. S. No. 2 Quality Klamath Potatoes Packed by Troy V. Cook Klamath Falls, Oreg. 100 Lbs. Net."

VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statement on the label, "100 Lbs. Net," was false and misleading as applied to an article that was short-weight; and, Section 403 (e) (2), the article was food in package form and failed to bear a label containing an accurate statement of the quantity of the contents.

DISPOSITION: January 27, 1944. The Stop-N-Shop Markets, Sacramento, Calif., having appeared as claimant and having admitted the allegations of the libel, judgment was entered ordering that the product be released under bond to be resacked under the supervision of the Food and Drug Administration.

5937. Misbranding of potatoes. U. S. v. 198 Bags of Potatoes. Consent decree of condemnation. Product ordered released under bond for salvaging. (F. D. C. No. 11106. Sample No. 63015–F.)

LIBEL FILED: November 12, 1943, Western District of Missouri.

ALLEGED SHIPMENT: On or about September 13, 1943, by Joe Thompson from Nash, N. Dak.

PRODUCT: 198 bags of potatoes at Springfield, Mo.

LABEL, IN PART: "110 lbs. net Northern Flight Far North Seed and Table Potatoes Walsh County, N. D."

VIOLATIONS CHARGED: Misbranding, Section 403 (a), in that the statement "100 lbs. net," appearing in the labeling, was false and misleading as applied to an article that was short-weight; and, Section 403 (e) (2), in that the product was in package form and failed to bear a label containing an accurate statement of the quantity of the contents.

DISPOSITION: January 24, 1944. Malcolm Haseltine, claimant, doing business as the Haseltine Fruit Co., Springfield, Mo., having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for salvaging under the supervision of the Food & Drug Administration. The product was resacked.

5938. Adulteration of sauerkraut. U. S. v. 77 Cases and 110 Jars of Sauerkraut. Default decrees of condemnation and destruction. (F. D. C. Nos. 11303, 11304, 11718. Sample Nos. 14887-F, 39262–F, 53909-F.)

LIBELS FILED: December 10 and 20, 1943, Southern District of California. ALLEGED SHIPMENT: On or about July 17, 1943, by the Coe Sales Co., Phoenix, Ariz.

PRODUCT: 77 cases, each containing 12 quart jars, and 110 quart jars of sauerkraut at Los Angeles, Calif.

LABEL, IN PART: "Scott Co. Sauer Kraut * *
Co. Austin, Ind."

Packed by Morgan Packing

VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of decomposed substances by reason of the presence of moldy and decomposed sauerkraut.

DISPOSITION: January 6 and 18, 1944. No claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

5939. Adulteration of sauerkraut. U. S. v. 101 Cases of Sauerkraut. Default decree of condemnation and destruction. (F. D. C. No. 11066. Sample No. 42582-F.)

LIBEL FILED: November 9, 1943, Western District of Washington.

ALLEGED SHIPMENT: On or about March 4, 1943, by the Goldsmith Pickle Co., Chicago, Ill.

PRODUCT: 101 cases, each containing 12 jars, of sauerkraut at Hoquiam, Wash. LABEL, IN PART: "Goldsmith Brand Sauerkraut."

VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance by reason of the presence of mold and discolored, musty sauerkraut.

DISPOSITION: January 6, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5940. Adulteration of canned spinach. U. S. v. 205 Cases of Spinach. Default decree of condemnation. Product ordered sold to the highest bidder, for reclamation by sorting. (F. D. C. No. 10832. Sample No. 6999-F.) LIBEL FILED: September 24, 1943, Eastern District of Missouri.

ALLEGED SHIPMENT: On or about July 6, 1943, by the Arkansas Valley Canning Co., Van Buren, Ark.

PRODUCT: 205 cases of spinach at St. Louis, Mo.

LABEL, IN PART: "Haase's Brand Early Garden Spinach A. C. L. Haase Co. Distributors, St. Louis, Mo."

VIOLATION CHARGED: Adulteration, Section 402 (a) (3), this product consisted in whole or in part of a decomposed substance.

DISPOSITION: December 2, 1943. A default decree of condemnation was entered and the product was ordered sold to the highest bidder, for reclamation by sorting.

5941. Adulteration of vegetable cocktail. U. S. v. 10 Cases and 7 Cases of Vegetable Cocktail. Default decree of condemnation and destruction. (F. D. C. No. 10795. Sample No. 31091-F.)

LIBEL FILED: September 20, 1943, Eastern District of Washington.

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