13305. Adulteration and misbranding of canned asparagus.    U. S. v. 196 Cases
*     *     *     (and  9   other   seizure   actions).     (F.   D.   C.   Nos.   21913,   22132, 
22254, 22256 to 22262, inel.   Sample Nos. 46256-H, 46952-H, 62997-H.)
LIBELS FILED : December 5, 1946, and January 7 and February 7, 1947, Eastern 
District of Michigan and Eastern and Southern Districts of New York.
ALLEGED SHIPMENT: On or about August 14 and 28 and October 29, 1946, by 
Parrott & Co., from Oakland and San Francisco, Calif.
PRODUCT: Asparagus. 196 cases, each containing 6 6-pound, 12-ounce cans, 
at Detroit, Mich., 485 cases, each containing 6 6-pound, 5-ounce cans, at 
New York, N. Y., and 732 cases, each containing 24 1-pound, 2-ounce cans, 
at Brooklyn, N. Y.
LABEL IN PART: "Fairplay Brand [or "Exposition Brand"] Tips Removed 
Asparagus."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), tough, fibrous, and 
inedible parts of asparagus had been substituted for asparagus cuts—tips 
removed.
Misbranding, Section 403 (g) (1), the product failed to conform to the 
definition and standard of identity for asparagus cuts—tips removed, since 
the standard provides that asparagus cuts—tips removed are the edible, 
succulent portions of sprouts of the asparagus plant from which the tip had
been removed and cut in pieces, whereas the product consisted of tough, fibrous, 
and inedible parts of the asparagus plant. 
DISPOSITION :    January 8, February 5, and March 20, 1947.   Default decrees of 
condemnation.   The Detroit lot was ordered delivered to a Federal institu- 
tion, for use as hog feed, and the remaining lots were ordered destroyed.