17997. Adulteration of   canned   salmon.    V.   S.   v.   1,384   Cases,   et   al.,   of
Canned Salmon. Default decree of condemnation, forfeiture, and 
destruction. (F. & D. No. 24462. I. S. Nos. 030372, 030373, 030374. S. 
No. 2741.)
A large part of the canned salmon from the herein-described shipments hav- 
ing been found to be in an advanced stage of decomposition, the Secretary 
of Agriculture reported the matter to the United States attorney for the 
Southern District of Florida.
On January 23, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 1,997 cases of canned salmon, remaining in the original 
unbroken packages at Tampa, Fla., alleging that the article had been shipped 
by the Buttnick Manufacturing Co., from Seattle, Wash., on or about Novem- 
ber 13, 1929, and transported from the State of Washington into the State 
of Florida, and charging adulteration in violation of the food and drugs act. 
The article was labeled under three brands, as follows: (Cans) "Meadow 
Lark Brand * * * Sockeye Salmon Packed by Pacific Coast & Norway 
Packing Company, Petersburg, Alaska; " " Nifco Brand Puget Sound Fancy 
Red Sockeye Salmon * * * Packed by National Independent Fisheries 
Co., Seattle, U. S. A.," "Golden Red Brand Salmon Alaska Salmon * * * 
Distributed by Elmer W. Smith Inc., Seattle, Wash."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed and putrid animal substance.
On April 17, 1930, a default order was entered ordering that the product 
be condemned and destroyed. On May 6, 1930, an amended decree was filed 
ordering that the product be sold at public auction, under bond in the sum 
of $500, conditioned that it should not be sold or used for human consump- 
tion, and the sum realized deposited in court as proceeds in an action involv- 
ing claims against the property. On March 7, 1931, the conditions of the 
decree having been breached in that the product was being sold for human 
consumption, and so much of the article as could be located having been 
reseized, judgment of condemnation and forfeiture was entered and it was 
ordered by the court that the marshal destroy the seized goods.
ABTHUB M. HYDE, Secretary of Agriculture.