21064. Adulteration of canned salmon.    U. S. v. 58 Cases of Canned Salmon.
Tried  to   the  court.     Decree   entered   ordering?  a  portion   of  the 
product    released    and    remainder    condemned    and    destroyed.
(F. & D. no. 29985.    Sample nos. 28173-A, 28174-A, 28175-A.)
This case involved the interstate shipment of a quantity of canned salmon 
which was in part decomposed.
On March 29, 1933, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 58 cases of canned 
salmon at Albuquerque, N. Mex., alleging that the article had been shipped 
in interstate commerce on or about March 6, 1933, by Libby McNeill & Libby, 
from Oakland, Calif., and charging adulteration in violation of the Food and 
Drugs Act. The article was labeled in part: (Cans) "Libby's Fancy Red 
Alaska Salmon   *   *   *   packed by Libby, McNeill & Libby."
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a decomposed and putrid animal substance.
On June 13, 1933, Libby, McNeill & Libby, having filed a claim and answer 
denying the Adulteration of the product, the case came on for trial before 
the court. After hearing evidence introduced on behalf of the claimant and 
the Government, the court, entered judgment finding a portion of the product 
adulterated and ordering that it be condemned and destroyed. The decree 
further ordered that the remainder be released to the claimant.
M. L. WILSON, Acting Secretary of Agriculture.
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