17545. Action to enjoin and restrain the interstate shipment of adulterated and 
misbranded canned vegetables. U. S. v. Alabama Products Canning 
Co., Inc.   Injunction granted.    (In. No. 153.)
COMPLAINT FILED: October 11, 1946, Middle District of Alabama, against 
Alabama Products Canning Co., Inc., Roanoke, Ala.
NATURE OF CHARGE: That the defendant since 1939 had been engaged in the 
business of canning food products and shipping them in interstate commerce 
at Roanoke, Ala., which products included canned okra, turnip greens, peas, 
beans, sweetpotatoes, and other vegetables; that these products were adulter- 
ated within the meaning of Sections 402 (a) (3) and (4), in that they consisted
See also Nos. 17537, 17543.
in whole or in part of filthy substances, were prepared and packed under 
insanitary conditions whereby they may have become contaminated with filth, 
and were misbranded within the meaning of Section 403 (g) (1), in that they 
failed to conform to the definitions and standards of identity for such products 
since they were not so processed by heat as to prevent spoilage.
The complaint alleged further that factory inspections revealed that okra, 
a nonacid vegetable, was being processed in an open kettle, which was contrary 
to the rules and regulations pertaining to proper canning methods; that the 
employee who did the processing was unskilled in the operation of a pressure 
retort; that a sample of the okra was examined and found to be nonsterile; 
and that approximately 10 percent of the No. 10 cans of okra stored in the 
firm's warehouse were swells.
The complaint alleged further that factory inspections revealed that over- 
mature, insect-damaged beans and field peas were in the process of being 
canned; that the table tops and wooden baskets used for handling the vege- 
tables were not clean and were in a very insanitary condition; that; an inter- 
state shipment of canned sweetpotatoes had been examined and found to be 
undergoing active bacterial decomposition due to under processing; and that 
of 644 cases of this shipment seized at Atlanta, Ga., only 354 cases were fit for 
food, and the remainder was destroyed.
The complaint alleged the existence of further insanitary conditions, in- 
cluding rotten potatoes in an old peach washer; rodent-contaminated salt 
tablets; okra piled in the sun, some of it being three or more days old and 
covered with white mold and rapidly decomposing; a filthy hopper; canvas 
inspection belt encrusted with foul-smelling gum and debris; pans used to 
receive cut okra, setting in muddy water on the floor and nested after empty- 
ing and re-used without being washed; toilets located in a shed adjoining 
the cannery which were filthy, with flies circulating between the toilets and 
piles of raw vegetables which were in close proximity.
The complaint alleged further that of a shipment into the State of Georgia, 
5.4 percent of the cans contained decomposed material, and the contents of 
other cans were not sterile; that of a shipment into the State of North 
Carolina, 8.33 percent of the cans were swells, the product being found to be 
decomposed; and that a shipment of canned turnip greens into the State of 
North Carolina was found to be undergoing progressive decomposition due to 
faulty processing.
The complaint prayed that the defendant be restrained from introducing 
and causing to be introduced and delivered for introduction into interstate 
commerce canned vegetables, including okra, turnip greens, peas, sweetpota- 
toes, and all other vegetables, which are adulterated and misbranded as 
alleged. 
DISPOSITION: October 15, 1946, the matter came on for hearing before the 
court, and an injunction was entered restraining and enjoining the defendant 
and all persons acting on its behalf from introducing and delivering for 
introduction and causing to be introduced and delivered for introduction into 
interstate commerce food products, more particularly canned vegetables such 
as okra, turnip greens, peas, sweetpotatoes, and all other vegetables, which 
are adulterated and misbranded as alleged in the complaint. The court 
ordered further that the defendant make such necessary repairs to its building 
and equipment as would comply with the rules and regulations as prescribed 
by the Food and Drug Administration.
The cases reported herewith were instituted in the United States district courts 
by the United States attorneys, acting upon reports submitted by the Federal 
Security Agency.   Published by direction of the Federal Security Administrator.
CHARLES W. CRAWFORD, Commissioner of Food and Drugs. 
WASHINGTON, D. C, January 31,1952.
CONTENTS
Page
Candy and sirup
270
Candy
270
Sirup
272
Dairy products
273
Butter
273
Cheese
275
Eggs and egg products 
276
Fish and shellfish
278
Fruits and vegetables 
280
Canned fruit
280
Page 
Fruits and vegetables—Continued
Frozen fruit
280
Miscellaneous fruit product 281
Vegetables
281
Nuts and nut products 
284
Poultry
285
Spices,   flavors,    and   seasoning
materials
288
Index
289
981977-52
269