31071. Adulteration of canned mackerel.    TT. S. v. 520 Cases of Canned Mackerel.
Decree   entered  ordering   the   decomposed  portion   destroyed   and  the 
remainder released.     (F. & D. No. 44114.    Sample No. 37649-D.)
This product was in part decomposed.
On October 13, 1938, the United States attorney for the Southern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 520 cases of canned 
mackerel at Evansville, Ind.; alleging that the article had been shipped in 
interstate commerce on or about September 10, 1938, by Pafruit & Co. from 
Los Angeles, Calif.; and charging that it was adulterated in violation of the 
Food and Drugs Act. It was labeled in part: "Dixiland Brand * * * ¦ San 
Carlos Canning Co. Monterey and Long Beach Calif."
Adulteration was alleged in that the article consisted wholly or in part of a 
decomposed animal substance.
On February 23, 1940, the San Carlos Canning Co. having filed a claim and 
answer and having executed a bond conditioned that the product should not be 
disposed of in violation of the law, the court ordered that a portion of the 
product identified by certain codes and totaling 85 cases, be destroyed and that 
the remainder of the seized goods be released.
GROVER B. HILL, Acting Secretary of Agriculture.