ment's Bacteriological Department, and also by Menno D. Voth, one of its chemists. Dr. Hunter examined 22 cans of Code F. U. 10 and found no evidence of decomposition; 48 cans of Code F. U. 19, and found 3 cans in which he detected odor of decomposition, and 48 cans of Code F. U. 22, and found 37 cans in which be detected the odor of decomposition. Menno D. Voth examined 24 cans of Code F. U. 10 and found 1 can which he described as 'putrid'; 46 cans of Code F. U. 19 and found 3 cans described as putrid; and 51 cans of Code F. U. 22, in which he found 44 cans described as putrid. "6. The second samples taken were examined on behalf of the Food and Drug Administration by Dr. Hunter and Fred M. Hillig, one of its chemists, and on behalf of the defendant by Norman D. Javis, Assistant Fisheries Technologist for the Bureau of Fisheries, Arthur L. Marshal, Superintendent of the Canning Plans of the General Sea Foods, and Julian M. Weaver, Chief Chemist of Froehling & Robertson, of Richmond, Virginia. "7. From the second samples, Dr. Hunter examined 18 cans of Code F. U. 10 and found 2 cans with odor of decomposition; 40 cans Code F. U. 19 and found 2 cans which contained odor of decomposition and 46 cans Code F. U. 22 and found 40 cans which had an odor of decomposition. In this examination Dr. Hunter used the smell test. "8. From the second samples, Mr. Hillig examined 3 cans of Code F. U. 10, 4 cans of Code F. U. 19 and 10 cans of Code F. U. 22 and found all of them to be decomposed. Mr. Hillig made a chemical analysis based upon a volatile acid test. "9. From the second samples, Mr. Weaver examined 13 cans of Code F. U. 10 and found them all good; 33 cans of Code F. U. 19 and found one of them which showed evidence of decomposition; and 31 cans of Code F. U. 22 and found them all good. Mr. Weaver used the electromatic chemical test and also the smell test. "10. From the second samples, Mr. Marshall used the smell test in examining 6 cans of Code F. U. 10, 12 cans of Code F. U. 19 and 12 cans of Code F. U. 22 and found them all good. "11. Mr. Jarvis also used the smell test in his examination of the second samples and found all of the cans examined good. Mr. Jarvis examined 6 cans of Code F. U. 10, 12 cans of Code F. U. 19 and 22 cans of Code F. U. 22. "12. The witnesses of the defendant and for the Government, other than Mr. Hillig, examined 89 cans of Code F. U. 10 and found 3 cans bad; 191 cans of Code F. U. 19 and reported 9 cans to be bad; 200 cans of Code F. U. 22 and found 121 to be bad; while Mr. Hillig examined 3 cans of Code F. U. 10, 4 cans of Code F. U. 19 and 17 cans of Code F. U. 22 and reported all of them to be bad. "CONCLUSIONS "1. The United States has failed to make out a case which warrants the condemnation of Code F. U. 10 and Code F. U. 19. "The sharp conflict in the testimony between the results obtained from the examinations made by Mr. Hillig on the one hand and the results obtained from the examinations of the five other experts, two of whom were introduced by the Government, raises a serious doubt as to the efficacy of the chemical analyses made by Mr. Hillig. "2. The evidence sustains the Government's contention that Code F. U. 22 should be condemned. "The Court would reach the same conclusion as to Code F. U. 22 on the evidence other than that of Mr. Hillig. "An order in accordance with the views expressed herein may be presented after reasonable notice." On July 26, 1943, an order was issued releasing the cans coded Fu-10 and Fu-19 to the claimant, and condemning the cans coded Fu-22, and ordering their destruction. 6692. Adulteration of frozen haddock, cod, and hake. U. S. v. O'Hara Bros. Co., Inc. Plea of nolo contendere. Fine, $200. (F. D. C. No. 5521. Sample Nos. 28529-E, 28532-E, 28534-E, 28535-E, 34583-E, 39522-E, 39523-E, 39528-E, 39529-E, 39536-E to 39539-E, incl., 51015-E.) INFORMATION FILED: On January 15, 1942, in the District of Massachusetts, against the O'Hara Bros. Co., Inc., trading as the Gloucester Fresh Fish Co., the Bay Fish Co., the Coleman Son Co., the Star Fish Co., and the Rush Fish Co., at Boston, Mass. ALLEGED SHIPMENT: Between the approximate dates of August 12 and Novem ber 8, 1940, from the State of Massachusetts into the States of Virginia, Missouri, and New York. LABEL, IN PART: (Portions) "Northeast Brand Haddock [or "Cod"] Fillets." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of putrid and decomposed substances. DISPOSITION: April 18, 1944. A plea of nolo contendere having been entered, the defendant was fined $50 on each of 4 counts, a total fine of $200. 6693. Adulteration of frozen haddock, ocean perch, and red perch fillets, and frozen H & G whiting. U. S. v. Genoa Fisheries, Inc. Plea of guilty, Fine, $100. (F. D. C. No. 7254. Sample Nos. 42475-E, 42478-E, 64304-E, 64309-E, 64317-E, 64319-E, 64324-E, 64330-E.) INFORMATION FILED: On July 6, 1942, in the District of Massachusetts, against the Genoa Fisheries, Inc., Boston, Mass. ALLEGED SHIPMENT: From on or about July 7 to August 25, 1941, from the State of Massachusetts into the State of Pennsylvania. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance and, in addition, one lot consisted in whole or in part of a filthy substance by reason of the presence of parasitized fish. DISPOSITION: April 18, 1944. The defendant having entered a plea of guilty, a fine of $25 was imposed on each of 4 counts, a total fine of $100. 6694. Adulteration of fresh herring. U. S. v. 6 Boxes of Herring. Default decree of condemnation and destruction. (F. D. C. No. 11925. Sample No. 55050-F.) LIBEL FILED: March 1, 1944, Northern District of Illinois. ALLEGED SHIPMENT: On or about February 23, 1944, by the Wolverine Fish Co., from Cooks, Mich. PRODUCT: 6 boxes, each containing 100 pounds, of herring at Chicago, Ill. 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 parasitic worms. DISPOSITION: April 5, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6695. Adulteration of frozen margate fish. U. S. v. 68 Cartons of Frozen Margate Fish. Default decree of condemnation and destruction. (F. D. C. No. 11981. Sample No. 35028-F.) LIBEL FILED: On or about March 11, 1944, Northern District of Georgia. ALLEGED SHIPMENT: On or about August 20, 1943, by the Forty Fathom Fish Co., from Miami, Fla. PRODUCT: 68 cartons, each containing 30 pounds, of frozen margate fish at Atlanta, Ga. LABEL, IN PART: (Carton) "40-Fathom * Nassau * * Frosted Bahamian Margate Fish * * * Packed by General Seafood Bahamas Limited Bahamas." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted. in whole or in part of a decomposed substance. DISPOSITION: April 12, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. De 6696. Adulteration of frozen mullet. U. S. v. 108 Bags of Frozen Mullet. fault decree of condemnation and destruction. (F. D. C. No. 11916. Sample No. 35018-F.) LIBEL FILED: February 28, 1944, Northern District of Georgia. ALLEGED SHIPMENT: On or about October 14, 1943, by C. N. Johnson, from Jacksonville, Fla. PRODUCT: 108 bags, each containing 100 pounds, of frozen mullet at Atlanta, Ga. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: April 12, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. Destruction was effected by delivery of the product to a Federal penitentiary, to be used as fertilizer. 6697. Adulteration of frozen ocean pout Allets. U. S. v. 798 Boxes of Frozen Pout Fillets. Default decree of condemnation and destruction. (F. D. C. No. 12099. Sample No. 67434-F.) LIBEL FILED: March 28, 1944, Northern District of Ohio. ALLEGED SHIPMENT: On or about March 10, 1944, by Busalacchi Bros., Inc., Boston, Mass. PRODUCT: 798 boxes, each containing approximately 15 pounds, of frozen ocean pout fillets at Cleveland, Ohio. VIOLATION CHARGED: Adulteration, Section 402 (a) (5), the article was in whole or in part the product of a diseased animal. DISPOSITION: May 26, 1944. No claimant having appeared, judgment of condemnation was entered and the article was ordered destroyed. 6698. Adulteration of dried, salted sargent fish. U. S. v. 22 Bales and 5 Boxes of Dried Salted Sargent Fish. Default decree of condemnation and destruction. (F. D. C. No. 12215. Sample No. 66378-F.) LIBEL FILED: April 19, 1944, Southern District of New York. ALLEGED SHIPMENT: On or about January 20, 1944, by Max Caballero, from Laredo, Tex. PRODUCT: 22 bales, weighing approximately 2,322 pounds, and 5 boxes, weighing approximately 514 pounds, of dried, salted sargent fish at New York, N. Y. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 3, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6699. Adulteration of frozen shrimp. U. S. v. 30 Boxes of Frozen Shrimp. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 12218. Sample No. 76414-F.) LIBEL FILED: On or about April 26, 1944, Southern District of New York. ALLEGED SHIPMENT: On or about March 17, 1944, by Swanson Western, Chicago, Ill. PRODUCT: 30 100-pound boxes of frozen shrimp at New York, N. Y. LABEL, IN PART: "Shrimp * * * Distributed by Western Shell Fish Company, Inc. Arkansas Pass Texas." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 17, 1944. Sam Fink, New York, N. Y., having filed a claim on his own behalf and as agent for N. Kotak, and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond, conditioned that the unfit portion be segregated and denatured or destroyed under the supervision of the Food and Drug Administration. 6700. Adulteration of frozen tullibees. U. S. v. 336 Boxes of Frozen Tullibees. Default decree of condemnation and destruction. (F. D. C. No. 11772. Sample Nos. 50745-F to 50748-F, incl.) LIBEL FILED: February 10, 1944, Eastern District of Pennsylvania. ALLEGED SHIPMENT: From on or about October 9, 1943, to January 4, 1944, by the Shapiro Fisheries, Inc., Chicago, Ill. PRODUCT: 336 boxes, each containing about 100 pounds, of frozen tullibees at Philadelphia, Pa. 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 parasitic worms. DISPOSITION: March 23, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered sold as fertilizer. No purchasers having been found, on May 15, 1944, the product was ordered destroyed. 6701. Adulteration of frozen tullibees. U. S. v. 168 Boxes of Tullibees. decree of condemnation. Product ordered released under bond. No. 12028. Sample No. 49656-F.) Consent (F. D. C. to LIBEL FILED: March 16, 1944, Eastern District of Michigan. 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 parasitic worms. DISPOSITION: May 15, 1944. The J. Kozloff Fish Co., claimant, having admitted the facts in the libel, judgment of condemnation was entered and the product was ordered released under bond to be converted into animal feed or fertilizer, under the supervision of the Food and Drug Administration. 6702. Adulteration of fresh whitefish. U. S. v. 4 Boxes of White Fish. Default decree of condemnation and destruction. (F. D. C. No. 11695. Sample No. 50015-F.) LIBEL FILED: January 22, 1944, Western District of New York. Mich. On or about January 13, 1944, by J. Kozloff, from Detroit, PRODUCT: 4 boxes, each containing 60 pounds, of white fish at Buffalo, N. Y. 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 parasitic worms. DISPOSITION: March 8, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6703. Adulteration of frozen whiting. U. S. v. 2,629 Boxes of Whiting. decree of condemnation. Product ordered released under bond. No. 8564. Sample No. 24067-F.) LIBEL FILED: October 13, 1942, Eastern District of Virginia. Consent (F. D. C. ALLEGED SHIPMENT: On or about September 16, 1942, by the Commonwealth PRODUCT: 2,629 15-pound boxes of frozen whiting at Norfolk, Va. * F. J. O'Hara & Sons, Inc., VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: March 9, 1943. F. J. O'Hara & Sons, Inc., 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. unfit portion was segregated and converted into fish meal. The 6704. Adulteration of frozen whiting. U. S. v. 15 Boxes of Frozen Whiting. Default decree of condemnation and destruction. (F. D. C. No. 11975. Sample No. 35022-F.) LIBEL FILED: On or about March 11, 1944, Northern District of Georgia. ALLEGED SHIPMENT: PRODUCT: 15 boxes, each containing approximately 150 pounds, of frozen whiting at Atlanta, Ga. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: April 12, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 643260-45- -5 6705. Adulteration of frozen whiting. U. S. v. 115 Cartons and 374 Cartons of Frozen Whiting. Default decree of condemnation and destruction. (F. D. C. No. 12172. Sample No. 52031-F.) LIBEL FILED: April 12, 1944, District of Massachusetts. ALLEGED SHIPMENT: On or about March 21, 1944, by the Slade Gorton Co,, from Chicago, Ill. PRODUCT: 489 cartons, each containing 4 5-pound cartons, of frozen whiting at Gloucester, Mass. LABEL, IN PART: (Cartons) "Cello Wrap Butterfly Whiting." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 8, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6706. Adulteration of frozen whiting. U. S. v. 3 Boxes of Frozen Whiting. Default decree of condemnation and destruction. (F. D. C. No. 12052. Sample No. 58638-F.) LIBEL FILED: March 22, 1944, District of Maryland. ALLEGED SHIPMENT: On or about February 18, 1944, by Chesebro, Robbins & Graham, Inc., from New York, N. Y. PRODUCT: 3 boxes, each containing about 150 pounds, of frozen whiting at Baltimore, Md. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: April 25, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. FRUITS AND VEGETABLES* CANNED AND DRIED FRUIT 6707. Adulteration of evaporated apple chops. U. S. v. K & K Evaporated Apple Packing Corporation. Plea of guilty. Fine, $250. (F. D. C. No. 10614. Sample Nos. 1775-F, 22029-F.) INFORMATION FILED: On December 27, 1943, in the Western District of New York, against the K & K Evaporated Apple Packing Corporation, Webster, N. Y. ALLEGED SHIPMENT: On or about March 3 and August 6, 1943, from the State of New York into the States of Pennsylvania and Illinois. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy and decomposed substance by reason of the presence of wormy, moldy, and decayed apple chops, insect fragments, and rodent hairs. DISPOSITION: March 13, 1944. A plea of guilty having been entered, the defendant was fined $125 on each of two counts, total $250. 6708. Adulteration of canned cherries. U. S. v. 296 Cartons of Canned Cherries. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 10686. Sample No. 43211-F.) LIBEL FILED: September 8, 1943, District of Nebraska. ALLEGED SHIPMENT: On or about February 11, 1943, by the Tolerton & Warfield Co., Sioux City, Iowa. PRODUCT: 296 cartons, each containing 6 No. 10 cans, of cherries at Omaha, Nebr. LABEL, IN PART: (Cans) "Inavale Brand Water Pack Royal Anne Cherries Packed By Washington Packers, Inc. Sumner, Washington * * * Below Standard in Quality Good Food-Not High Grade." 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 moldy cherries. DISPOSITION: April 10, 1944. The Washington Packers, Inc., claimant, having consented to the entry of a decrec, 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 Federal Security Agency. The unfit portion was segregated and destroyed. See also Nos. 6603, 6651. |