31147. Adulteration of canned mackerel. U. S. v. 10 Cases of Canned Mackerel 
(and 3 other seizure actions involving canned mackerel). Consent 
decrees of condemnation. Product ordered released under bond con- 
ditioned that portion identlfled by one code be destroyed. Portions 
~ ultimately delivered to State fisheries for use as fish food upon failure 
to comply with the terms of the decree. (F. & D. Nos. 44102 to 44105, incl. 
Sample No. 33987-D.)
Samples of this product were found to be in part decomposed.
On October 8 and 13,1938, the United States attorney for the Eastern District of 
North Carolina filed libels against 80 cases of canned mackerel in Various lots 
at Elkin, Wilson, Weldon, and Rocky Mount, N. C, alleging that the article had 
been shipped in interstate commerce on or about September 22, 1938, by Foote 
Bros. & Co. from Norfolk, Va.; and charging that it was adulterated in that 
it consisted in whole or in part of a decomposed animal substance. It was 
labeled in part: "Sunset Brand California Mackerel. Packed by Southern Cali- 
fornia Fish Corporation, Los Angeles Harbor, Calif."
On October 15 and December 11, 1940, the Southern California Fish Corpora- 
tion having appeared as claimant for all lots and the seizure located at Wilson, 
Weldon, and Rocky Mount having been consolidated, judgments of condemna- 
tion were entered and the product was ordered released to the claimant under 
bond conditioned that the portion identified by a certain code be destroyed.
On August 26, 1941, the claimant having failed to comply with the terms and 
conditions of the consolidated decree covering the lots seized at Wilson, Weldon, 
and Rocky .Mount; the court ordered the claimant to appear and show cause why 
the petition of the Government that the product be destroyed should not be 
allowed. On September 26, 1941, the claimant having failed to resist the peti- 
tion of the Government, judgment was entered ordering destruction of the 
product. On November 6, 1941, this decree was amended to provide that the 
fish be turned over to the State Department of Conservation and Development 
for use as food for fish.