27771. Adulteration and misbranding of canned shrimp.     TJ. S. v. H. T. Cottam
& Co., Inc.    Plea of guilty.    Fine, $25.    (F. & D. No. 39746.    Sample Nos. 
13886-C, 21607-C to 21613-C, incl.)
Samples taken from these various lots of canned shrimp were found to be 
decomposed. They also were found to be below the standard of fill of container 
promulgated by the Secretary of Agriculture because of excessive head space 
and were not labeled to indicate that they were substandard. The cans in one 
lot contained less than the declared weight
On July 16, 1937, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against H. T. Cottam & Co., Inc., New Orleans, La., 
alleging that on or about January 6, 11, 14, and 16, 1937, the defendant delivered 
for shipment from New Orleans, La., to La Guaira, and Puerto Cabello, Venezuela, 
quantities of canned shrimp; that on or about February 2, 1937, the defendant 
delivered for shipment from New Orleans, La., to Curacao, Dutch West Indies, a 
quantity of canned shrimp, and that the article was adulterated and misbranded 
in violation of the Food and Drugs Act as amended. Portions of the article 
were labeled: (Cans) "Barataria Brand Shrimp Packed For Export Only 
* * * Packed for H. T. Cottam & Co., Inc. New OrlKans." The remainder 
was labeled: "Grand Island Brand Shrimp Wet Pack Net Wt 5% Ozs. Lock- 
port Packing Company   Lockport, La."
The article was alleged to be adulterated in that it consisted in whole and in 
part of a decomposed animal substance.
It was alleged to be misbranded in that it was canned food and fell below the 
standard of fill of container promulgated by the Secretary of Agriculture, and 
its label did not bear a plain and conspicuous statement prescribed by the Secre- 
tary indicating that it fell below such standard. The Grand Island brand was 
alleged to be misbranded further in that the statement "Net Wt. 5% ozs." was 
false and misleading and was borne on the label so as to deceive and mislead the 
purchaser since the cans contained less than 5% ounces; and in that it was food 
in package form and the quantity of contents was not plainly and conspicuously 
marked on the outside of the package.
On August 13, 1937, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $25.
HARRY L. BROWN, Acting Secretary of Agriculture.