16433. Adulteration and misbranding of oysters.   U. S. v. Sam G. Bulldis (Na¬
tional Fish & Oyster Co.). Plea of not guilty. Tried to the jury. 
Verdict of guilty. Fine, $150.01. (F. D. C. No. 25314. Sample No. 
36828-K.)
INFORMATION FILED: April 22, 1949, Western District of Washington, against 
Sam G. Bulldis, trading as the National Fish & Oyster Co., Tacoma, Wash.
ALLEGED VIOLATION : On or about January 28, 1948, the defendant gave to a 
firm engaged in the business of shipping oysters in interstate commerce, at 
Seattle, Wash., a guaranty to the effect that no oysters sold by the defendant 
would be adulterated or misbranded within the meaning of the Federal Food, 
Drug, and Cosmetic Act.
On or about March 29, 1948, the defendant sold and delivered to the holder 
of the guaranty, at Seattle, Wash., a quantity of oysters that were adulterated 
and misbranded.
NATURE OF CHARGE: Count 1. Adulteration, Section 402 (b) <2), a product 
consisting of water and oysters which were not thoroughly drained before 
packing into the containers for shipments, had been substituted for oysters.
Count 2. Misbranding, Section 403 (g) (1), the produet failed to conform 
to the definition and standard of identity for oysters since the oysters were 
not thoroughly drained before packing and were packed with added water; 
and, Section 403 (g) (2), the product did not bear the name of the food, namely, 
"Pacific Oysters, Size 8 to 10 per pint," "Kaw Pacific Oysters, Size 8 to 10 
per pint," or "Shucked Pacific Oysters, Size 8 to 10 per pint," as specified 
in the definition and standard of identity for oysters. 
DISPOSITION : A plea of not guilty having been entered, the matter came on for 
trial before the jury on May 3,1950. On May 5,1950, a verdict of guilty was 
handed down, and on May 15, 1950, the defendant having filed motions for a 
judgment of acquittal, or for a new trial, which motions were denied, the court 
imposed a fine of 1 cent on count 1 and $150 on count 2.