20301. Adulteration of canned salmon.   U.S. v. 2,728 Cases, et al., of Canned
Salmon. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond for separation and destruction of unfit 
portion. (F. & D. nos. 28781, 28791, 28821, 28855, 28993, 28996, 29000, 
29048. Sample nos. 14982-A, 14993-A, 14994-A, 14995-A, 14996-A, 15256-A, 
15258-A, 15262-A, 15274-A, 15284-A, 25566-A, 25576-A, 25578-A, 25581-A, 
25585-A, 25586-A, 25587-A, 25610-A, 25612-A, 25617-A, 25618-A.)
These actions involved various shipments of canned salmon which was found 
to be in part decomposed.
On August 24, August 29, September 6, October 5, October 6, October 7, and 
October 14, 1932, the United States attorney for the Western District of 
Washington, acting upon reports by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid libels praying 
seizure and condemnation of 7,344% cases of canned salmon, remaining in the 
original unbroken packages at Seattle, Wash., alleging that the article had 
been shipped in interstate commerce between the dates of July 5, 1932, and 
September 6, 1932, by the Superior Packing Co., from Tenakee, Alaska, to 
Seattle, Wash., and charging adulteration in violation of the Food and Drugs 
Act. On October 13, 1932, the libel filed on October 5, 1932, which had been 
erroneously drawn to cover 28 cases, was amended to include the correct 
amount recommended for seizure, namely 2,080 cases, the total amount covered 
by the eight libels after the said amendment being 9,398% cases. A portion 
of the article was labeled in part: (Case) "Eat More Salmon * * * 
Alaska Brand Salmon." A portion was labeled: (Can) "Hypatia Brand Pink 
Salmon * * * Oceanic Sales Co., Seattle * * * Distributors." A por- 
tion was labeled: (Can) "Edola Brand Pink Salmon * * * Oceanic Sales 
Co. Distributors, Seattle, Chicago." The remainder of the said article was 
unlabeled.
It was alleged in the libels that the article was adulterated in that it con- 
sisted in part of a decomposed animal substance.
The Superior Packing Co. entered an appearance as claimant, consented to 
the entry of a decree, and admitted the material allegations of the libels. On
November 8, 1932, the eight libels having been consolidated into one cause of 
action, judgment of condemnation and forfeiture was entered. The court, 
having found that a portion of the cans might contain salmon which was 
wholesome and fit for human consumption, ordered that the product be released 
to the claimant upon payment of costs and the execution of a bond ill the 
sum of $5,000, conditioned that the product should not be sold or disposed, 
of contrary to the provisions of the Federal Food and Drugs Act and all 
other laws, and further conditioned that the claimant separate the cans con- 
taining good salmon from cans which contained decomposed salmon, and that 
the decomposed portion be destroyed in the process of separation.
R. G. TUGWELL, Acting Secretary of Agriculture.