28023. Misbranding of canned shrimp in the unlawful use of sea-food inspec- 
tion legend.    J. S. v. Marko Skrmetta  (Deer Island Fish & Oyster Co.). 
Plea   of   guilty.     Fine,   $1,000.     Payment   suspended   and   defendant /' 
placed on probation for 1 year.    (F. & D. No. 38001.    Sample Nos. 65688-B, I 
65801-B.)
The label of this product falsely represented that it had been packed at a 
plant having Government inspection.
On November 23, 1936, the United States attorney for the Southern District 
of Alabama, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against Marko Skrmetta, trading as the Deer 
Island Fish & Oyster Co. (Bayou La Batre, Ala.), alleging shipment by said 
defendant in violation of the Food and Drugs Act on or about September 6. 
1935, and January 10, 1936, from the State of Alabama into the State of 
Massachusetts of quantities of canned shrimp which was falsely labeled as 
having been packed under Government inspection, in violation of the Food 
and Drugs Act and as amended by Section 10-A. A portion was labeled: 
"Wild Rose * * * Wet Pack Shrimp * * * Packed for R. F. Owens 
Co., * * * Brockton, Mass." The remainder was labeled: "Clover Farm 
Brand * * * Shrimp * * * Clover Farm Stores Distributors, National 
Headquarters, Cleveland, Ohio." Both lots were labeled further: "Production 
Supervised by U. S. Food and Drug Administration."
The article was alleged to be misbranded in that the statement "Production 
Supervised by U. S. Food and Drug Administration," borne on the cans, was 
false and misleading since it had not been produced under the supervision of the 
United States Food and Drug Administration.
It was alleged to be labeled in further violation of the law in that it was 
marked to indicate that it conformed to the requirements of the law and the 
regulations promulgated thereunder; i. e., that the premises, equipment, sani- 
tation, methods of handling, containers, and labels used in the production 
of the article, had been examined and inspected by inspectors designated by the 
Secretary of Agriculture for such purposes; whereas it did not conform to 
said requirements of the law and regulations but had been marked to indicate 
such conformity without proper authority.
On October 5, 1937, the defendant entered a plea of guilty and the court 
imposed a fine of $1,000. Payment of the fine was suspended and the defendant 
was placed on probation for 1 year.
HAEBT L. BROWN, Acting Secretary of Agriculture.