19203. Adulteration and Misbranding of scallops.    U.  S. v.  Sydney Frank
Smith. (Cape Charles Sea Food Co.; S. F. Smith. & Co.). Plea of 
guilty. Fine, $150. Sentence suspended. (F. & D. No. 26689. I. S. 
Nos. 15781, 28966.)
Samples of scallops from the shipments herein described having been found 
to contain excessive water, the Secretary of Agriculture reported the matter to 
the United States attorney for the Eastern District of Virginia.
On November 13, 1931, the United States attorney filed in the District Court 
of the United States of the district aforesaid an information against Sydney 
Frank Smith, trading as Cape Charles Sea Food Co., Oyster, Va., and as S. F. 
Smith & Co., Cape Charles, Va., alleging shipments by said defendant in viola- 
tion of the food and drugs act, in part on or about January 23, 1931, from the 
State of Virginia into the State of Massachusetts, and in part on or about 
March 3, 1931, from the State of Virginia into the State of New York, of 
quantities of scallops that were adulterated, and a portion of which were 
also misbranded. One consignment of the article was labeled: (Tag and can) 
" Scallops."
Adulteration was alleged in the information for the reason that excessive 
water had been mixed and packed with the article so as to reduce and lower 
and injuriously affect its quality and strength, and had been substituted in 
part for the said article. Adulteration was alleged for the further reason that 
scallop solids, a valuable constituent of the article, had been in part abstracted.
Misbranding was alleged with respect to a portion of the article for the 
reason that the statement " Scallops," borne on the can and on the tag, was 
false- and misleading in that the said statement represented that the artic- 
consisted wholly of scallops; and for the further reason that it was labeled a. 
aforesaid so as to deceive and mislead the purchaser into the belief that it con- 
sisted wholly of scallops; whereas it did not so consist but did consist in part 
of excessive water. Misbranding of the said portion was alleged for the fur- 
ther reason that the article was composed in part of excessive water and was 
offered for sale and sold under the distinctive name of another article, to wit, 
scallops.
On November 16, 1931, the defendant entered a plea of guilty to the informa- 
tion and the court imposed a fine of $150, which fine was suspended for two 
years.
ABTHTJR M. HYDE, Secretary of Agriculture.