* Association, Inc., from Waynesville, N. C., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Cans). "Southern Skyland Brand Standard Turnip Greens Packed By Members of the Land o' The Sky Mutual Association, Inc. Sales Office Waynesville, North Carolina." It was alleged to be adulterated in that it consisted in whole or in part of a filthy vegetable substance. On April 14, 1937, no claimant having appeared, judgment by default was entered and the product was ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27195. Adulteration of tomato catsup. U. S. v. 75 Cases of Canned Tomato Catsup. Default decree of condemnation and destruction. (F. & D. no. 39221. Sample no. 21625-C.) This case involved canned tomato catsup that contained filth resulting from worm infestation. On March 16, 1937, the United States attorney for the Southern District of Texas, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 75 cases of canned tomato catsup at Houston, Tex., alleging that the article had been shipped in interstate commerce on or about October 15, 1936, from Wilmington, Calif., by Coast Fishing_Co., Inc., and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "Topco Brand Tomato Catsup Packed by Tomato Packing Corp., Harbor City, California." The article was alleged to be adulterated in that it consisted wholly or in part of a filthy vegetable substance. On May 6, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27196. Adulteration of tomato catsup. U. S. v. 156 Cases, et al., of Tomato Catsup. Default decrees of condemnation and destruction. (F. & D. nos. 39030, 39139, 39186, 39230. Sample nos. 9940-C, 10324-C, 17932-C, 30396-C.) These cases involved tomato catsup that contained filth resulting from worm infestation. On February 1, 1937, the United States attorney for the Western District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 156 cases of tomato catsup at Kansas City, Mo. On March 9 and 19, 1937, libels were filed against 50 cases of the product at New Orleans, La., 17 cases at Tuscon, Ariz., and 884 cases at New York, N. Y. The libels alleged that the article had been shipped in interstate commerce by Val Vita Food Products, Inc., in part on or about November 7, 1936, and January 27 and February 4, 1937, from Fullerton, Calif., and in part on or about February 15, 1937, from Terminal Island, Calif., and that it was adulterated in violation of the Food and Drugs Act. A portion of the article was labeled: "Val Vita Brand Tomato Catsup Val Vita Food Products, Inc. Fullerton California." The remainder was labeled: "Val Vita Brand Tomato Catsup Orange County Canners Inc.' It was alleged to be adulterated in that it consisted wholly or in part of a filthy vegetable substance. On April 1, 14, and 23 and May 3, 1937, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27197. Misbranding of canned cherries. U. S. v. 200 Cartons of Canned Pitted Cherries. Consent decree of condemnation. Product released under bond to be relabeled. (F. & D. no. 89240. Sample no. 36035-C.) This product fell below the standard established by this Department for canned pitted cherries, because of the presence of an excessive number of pits; and it was not labeled to indicate that it was substandard. On March 19, 1937, the United States attorney for the Northern District of California, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 200 cartons of canned cherries at San Francisco, Calif., alleging that they had been shipped in interstate commerce on or about February 27, 1937, from Seattle, Wash., by Washington Packers, Inc., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Distributed by Smith, Lynden & Co., San Francisco * Extra Value Water Packed Red Sour Pitted Cherries." It was alleged to be misbranded in that it was canned food and fell below the standard of quality and condition promulgated by the Secretary of Agriculture, since more than 1 cherry pit per 10 ounces of net contents was present; and its package or label did not bear a plain and conspicuous statement prescribed by the Secretary of Agriculture indicating that it fell below such standard. On May 7, 1937, F. B. Smith, J. R. Lynden, and F. A. Smith, trading as Smith, Lynden & Co., having appeared as claimants and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond to be relabeled under the supervision of this Department. M. L. WILSON, Acting Secretary of Agriculture. 27198. Adulteration of canned salmon. U. S. v. 402 Cases of Canned Salmon. Consent decree of condemnation. Product released under bond conditioned that bad portion be destroyed and good portion relabeled. D. no. 39255. Sample nos. 13896-C, 13899-C, 21636-C.) (F. & This case involved canned salmon that was in part decomposed. The article was alleged to be adulterated in that it consisted in whole or in part of a decomposed animal substance. On April 29, 1937, A. S. Day trading as North Pacific Sea Foods Co., Valdez, Alaska, having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that the bad portion be destroyed and the good portion relabeled "Reprocessed." M. L. WILSON, Acting Secretary of Agriculture. 27189. Adulteration of canned huckleberries. U. S. v. 18 Cases of Canned Huckleberries. Default decree of condemnation and destruction. (F. & D. no. 39246. Sample no. 32700-C.) This product was worm-infested. On March 20, 1937, the United States attorney for the Southern District of California, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 18 cases of canned huckleberries at Long Beach, Calif., alleging that they had been shipped in Interstate commerce on or about February 27, 1937, from Tacoma, Wash., by Fassett & Co., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Plaza Brand Huckleberries. Packed by Fassett & Company, Tacoma, Wash." It was alleged to be adulterated in that it consisted wholly or in part of a filthy vegetable substance. On April 14, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture. Default 27200. Adulteration of canned salmon. U. S. v. 198 Cases of Salmon. decree of condemnation and destruction. (F. & D. no. 39256. Sample no. 16305-C.) This product was in whole or in part decomposed. On March 23, 1937, the United States attorney for the Northern District of Georgia, acting upon a report by the Secretary of Agriculture, filled in the district court a libel praying seizure and condemnation of 198 cases of canned Balmon at Fort McPherson, Ga., alleging that the article had been shipped in interstate commerce on or about March 2, 1937, by Schloss & Kahn Grocery Co., from Montgomery, Ala., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Cans) "Pennant Brand Alaska, Red Sockeye Salmon Packed By Northwestern Fisheries Co. Seattle Packed in Alaska." It was alleged to be adulterated in that it consisted in whole or in part of a decomposed animal substance. On April 17, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27201. Adulteration of canned cherries. U. S. v. 55 Cases of Canned Cherries. Default decree of forfeiture and destruction. (F. & D. no. 39258. Sample no. 24187-C.) Examination of these cherries showed the presence of decomposition. On March 23, 1937, the United States attorney for the District of Idaho, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 55 cases of canned cherries at Lewiston, Idaho, alleging that they had been shipped in interstate commerce on or about June 30, 1936, from Clarkston, Wash., by F. W. Dustan & Son, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "W-I Washington Idaho Brand Water Grade Royal Ann Cher ries * * * Below U. S. Standard Good Food but not High Grade Packed by F. W. Dustan & Son, Clarkston, Washington." It was alleged to be adulterated in that it consisted in whole or in part of a decomposed vegetable substance. On April 28, 1937, no claimant having appeared, judgment of forfeiture was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27202. Misbranding of canned cherries. U. S. v. 140 Cases of Canned Cherries. Consent decree of condemnation. Product released under bond to be relabeled. (F. & D. no. 39269. Sample no. 32709-C.) This product fell below the standard established by this Department for canned cherries, because it was packed in water and it was not labeled to indicate that it was substandard. On April 15, 1937, the United States attorney for the Eastern District of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the district court a libel (amended April 17, 1937) praying seizure and condemnation of 140 cases of canned cherries at New Orleans, La., alleging that they had been shipped in interstate commerce on or about March 11, 1937, by Hunt Bros. Packing Co., from Tacoma, Wash., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Cans) "Premio Brand Pitted Sour Red Cherries Packed by Hunt Brothers Packing Company San Francisco, Calif." It was alleged to be misbranded in that it was canned food and fell below the standard of quality and condition promulgated by the Secretary of Agriculture, since the cherries were packed in water and the package or label did not bear a plain and conspicuous statement prescribed by the Secretary of Agriculture indicating that it fell below such standard. On April 28, 1937, Hunt Bros. Packing Co. having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered with the proviso that the product be released under bond to be relabeled. M. L. WILSON, Acting Secretary of Agriculture. 27203. Adulteration of frozen whitings. U. S. v. 225 Cases and 120 Cases of Frozen, Headless, and Dressed_Whitings. Consent decree of condemnation and destruction. (F. & D. nos. 39277, 39278. Sample nos. 41421-C, 41422-C.) This case involved a shipment of fish that was in part decomposed. On March 25, 1937, the United States attorney for the District of Kansas, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 345 cases of frozen whitings at Topeka, Kans., alleging that the article had been shipped in interstate commerce on or about February 21, 1937, by Slade Gorton Co., from Chicago, Ill., and charging adulteration in violation of the Food and Drugs Act. It was alleged to be adulterated in that it consisted in whole or in part of a decomposed animal substance. On April 21, 1937, Slade Gorton Co. having appeared as claimant, a consent decree of condemnation was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27204. Adulteration of butter. U. S. v. 15 Tubs of Butter. Decree of condemnation. Product released under bond to be reworked. (F. & D. no. 39290. Sample no. 20543-C.) This case involved a shipment of butter that was deficient in milk fat. On March 15, 1937, the United States attorney for the District of Massachusetts, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 15 tubs of butter at Boston, Mass., alleging that it had been shipped by the Mohican Co., from Haverhill, Mass., that it was en route to New York, N. Y., and that it was adulterated in violation of the Food and Drugs Act. The consignment was a rejected lot which was delivered for shipment on March 11, 1937, by the Mohican Co., for return to the original shipper. The article was labeled in part: "To Zimmer & Dunkak, Duane St., N. Y. * The Mohican Co., Haverhill, Mass." It was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter, a product that should contain not less than 80 percent by weight of milk fat. On March 31, 1937, Zimmer & Dunkak, Inc., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under cash bond conditioned that it be reworked so that it contain not less than 80 percent of milk fat. M. L. WILSON, Acting Secretary of Agriculture. 27205. Adulteration of frozen whitefish. U. S. v. 70 Boxes and 70 Boxes of Whitefish. Consent decrees of condemnation with provision for release under bond subject to reshipment to country of origin. (F. & D. nos. 39291, 39292. Sample nos. 26597-C to 26600-C, incl.) These cases involved imports of whitefish that was worm-infested. On March 16, 1937, the United States attorney for the Southern District of New York, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 140 boxes of whitefish at New York, N. Y., alleging that the article had been shipped on or about March 5 and March 9, 1937, by A. Straker from Montreal, Canada, into the State of New York and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "Product of Canada The Waite Fisheries Big River Sask. Canada." The article was alleged to be adulterated in that it consisted in whole or in part of a filthy animal substance, and in that it consisted of portions of animals unfit for food. On April 15, 1937, Abraham Straker, claimant, having admitted the allegations of the libels and having consented to the entry of decrees, Judgments of condemnation were entered; and it was ordered that the product be released under bond conditioned that it be reshipped to country of origin and further conditioned that if it be refused admission to Canada, it be destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27206. Adulteration of canned tomato soup. U. S. v. 82 Cases of Tomato Soup. Default decree of condemnation and destruction. (F. & D. no. 39295. Sample no. 33103-C.) This case involved a shipment of tomato soup that contained worm debris and excessive mold. On March 29, 1937, the United States attorney for the District of Idaho, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 82 cases of canned tomato soup at Lewiston, Idaho, alleging that the article had been shipped in interstate commerce on or about January 23, 1937, by the Pacific Northwest Canning Co., from Hayward, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Val Vita Brand Tomato Soup * * * Packed by Val Vita Food Products Inc., Fullerton, California." The article was alleged to be adulterated in that it consisted in whole or in part of a filthy vegetable substance. On April 28, 1937, no claimant appearing judgment of condemnation was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27207. Adulteration of frozen huckleberries. U. S. v. 21 Boxes of Frozen Huckleberries. Default decree of condemnation and destruction. (F. & D. no. 39296. Sample no. 29580–C.) This case involved frozen huckleberries that contained worms. On March 31, 1937, the United States attorney for the District of Oregon, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 21 boxes of frozen huckleberries at Portland, Oreg., alleging that they had been shipped in interstate commerce on or about March 9, 1937, by the R. D. Bodle Co., from Seattle, Wash., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Process Huckleberries R. D. Bodle Co., Seattle." It was alleged to be adulterated in that it consisted wholly or in part of a filthy vegetable substance. On May 11, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27208. Adulteration of butter. U. S. v. 12 Tubs and 4 Tubs of Butter. Decree of condemnation. Product released under bond to be reworked. (F. & D. no. 39315. Sample no. 18800-C.) This butter was deficient in milk fat. On March 18, 1937, the United States attorney for the Eastern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 16 tubs of butter at National Stock Yards, Ill., alleging that it had been shipped in interstate commerce on or about July 1, 1936, by the Sugar Creek Creamery Co., from Thayer, Mo., and charging adulteration in violation of the Food and Drugs Act. The article was alleged to be adulterated in that it was a product containing less than 80 percent by weight of milk fat that had been substituted for butter, a product which should contain not less than 80 percent of milk fat. On April 27, 1937, the Sugar Creek Creamery Co., having appeared as claimant, and having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that it be reworked so that it contained not less than 80 percent of milk fat. M. L. WILSON, Acting Secretary of Agriculture. 27209. Adulteration of butter. U. S. v. 26 Tubs of Butter. Decree ordering product released under bond. (F. & D. no. 39316. Sample no. 18880-C.) This product was deficient in milk fat. On March 18, 1937, the United States attorney for the Eastern District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 26 tubs of butter at St. Louis, Mo., alleging that it had been shipped in interstate commerce on or about June 29, 1936, by O. G. Harp from Shawnee, Okla., and charging adulteration in violation of the Food and Drugs Act. The article was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter, a product which should not contain less than 80 percent of milk fat as provided by act of Congress of March 4, 1923. On April 3, 1937, Tom J. May having appeared as claimant, judgment was entered ordering that the product be released under bond conditioned that it be brought up to the legal standard. M. L. WILSON, Acting Secretary of Agriculture. 27210. Adulteration of shell eggs. U. S. v. 43 Cases of Shell Eggs. Default decree of condemnation and destruction. (F. & D. nos. 39317, 39320, 39321. Sample nos. 18881-C, 35252-C, 35253-C.) This product was in part decomposed. On March 22, 1937, the United States attorney for the Eastern District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 43 cases of shell eggs at St. Louis, Mo., alleging that 6 cases of the article had been shipped on or about March 16, 1937, by the Goemer Hatchery from Zenda, Kans.; that 25 cases had been shipped on or about March 16, 1937, by the Hayes Hatchery from Decatur, Ill.; and that 12 cases had been shipped on or about March 17, 1937, by the Hayes Hatchery from Centralia, Ill., and charging adulteration in violation of the Food and Drugs Act. |