21742. Adulteration and misbranding of canned shrimp.    V. S. v. 700 Cases
of Canned Shrimp. Decree of condemnation and forfeiture. Por- 
tion of product ordered destroyed. Remainder released under 
bond to  be relabeled.     (P. & D. no. 31292.     Sample no. 45310-A.)
This case involved an interstate shipment of canned shrimp identified by 
various codes. Examination showed that the shrimp in two of the codes was 
in part decomposed. The labels of a portion of the article, which purported 
to give the name of the manufacturer and place of manufacture, incorrect, and 
some of the labels also bore a false claim that the said portion had been packed 
under the supervision of Alabama State officials.
On October 28, 1933, 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 700 cases of 
canned shrimp at San Francisco. Calif., alleging that the article had been 
shipped in interstate commerce on or about September 13. 1933, by Gussie 
Fountain Packing Co., Inc., from Biloxi, Miss., and charging that a part of the 
article was adulterated and that a part was misbranded in violation of the 
Food and Drugs Act. A portion of the article was labeled : " Johnson's Choice 
Brand Shrimp * * * Packed by Gulf Coast Canneries. Incorporated, Biloxi, 
Miss." The remainder was labeled in part: " Mo Bill Bay Brand Fancy Selected 
Shrimp * * * Packed under the supervision and inspection of the De- 
partment of Conservation of the State of Alabama Packed by Dixie Fruit 
Products Co., Mobile, Alabama." (Code mark showed that the latter brand was 
also packed by the Gulf Coast Canneries.)
It was alleged in the libel that the portions of the article identified under 
two of the several codes was adulterated in that it consisted in part of a de- 
composed animal substance.
It was further alleged in the libel that a portion was misbranded in that 
the statements on certain of the cans: " Packed under the supervision and 
inspection of the Department of Conservation of the State of Alabama Packed 
by Dixie Fruit Products Co., Mobile, Alabama ", were false and misleading.
On November 10, 1933, Stanley H. Butte having appeared as claimant for 
the property, judgment of condemnation and forfeiture was entered, and it 
was ordered by the court that the portion of the product charged to be adul- 
terated be destroyed, and that the remainder be released to the claimant upon 
the execution of a bond in the sum of $2,500, conditioned that it should not be 
sold or disposed of until labeled in conformity with the provisions of the 
Federal Food and Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.