31093. Adulteration and misbranding of herring roe.    U. S. v. B. A. Griffin Co.,
Inc., and Bennett A. Griffin. Plea of nolo contendere to count I and 
plea of guilty to count II entered by Bennett A. Griffin on behalf of 
himself.     Fine, $100.     Action against B. A. Griffin Co., Inc., dismissed.
(F. & D. No. 42754.    Sample No. 35010-D.)
The product covered by this case was found to be filthy and decomposed. It 
also was falsely labeled with respect to the name of the packer and the place 
at which it was packed.
On November 20, 1939, the United States attorney for the District of Maine, 
acting upon a report by the Secretary of Agriculture, filed an information 
against the B. A. Griffin Co., Inc., and Bennett A. Griffin, alleging shipment by 
said defendants in violation of the Food and Drugs Act, on or about October 
29, 1938, from the State of Maine into the State of Virginia, of a quantity of 
herring roe which was adulterated and misbranded. The article was labeled 
in part: "Thomas Brand Herring Roe."
Adulteration was alleged in count I of the information in that the article 
consisted in whole or in part of a filthy and decomposed animal substance.
Misbranding was alleged in count II in that the statement, "Selected And 
Packed By Hand On The Fishing Shore at Weems, Va. by S. C. Thomas, Weems, 
Va.," borne on the can labels, was false and misleading and was borne on the 
said labels so as to deceive and mislead the purchaser in that the said state- 
ment represented that the article was produced and packed at Weems, Va., by
S. C. Thomas; whereas it was produced and packed at Eastport, Maine,  by 
Bennett A. Griffin.
On June 4, 1940, Bennett A. Griffin, on behalf of himself, entered a plea of 
nolo contendere to the first count and a plea of guilty to the second count, and 
was fined $100. On the same date the action against B. A. Griffin Co., Inc., 
was dismissed by order of the court.
PAUL V. MCNUTT, Administrator.