17631. Adulteration of frozen fruit.   U. S. v. 300 Cans   *    *    *    (and 9 other
seizure actions).    (F. D. C. Nos. 20858, 21043, 21130, 21168, 21215, 21216,
21231, 21236, 21687, 22200.    Sample Nos. 1689-H, 1692-H, 1947-H, 1973-
H, 50997-H, 50999-H, 53090-H, 57208-H, 57430-H, 60725-H.)
LIBELS FILED :   September 9 and 25, October 5, 9, 10, 11, and 15, and 'November
26, 1946, and January 23, 1947, Western District of New York, Eastern and
Middle Districts of North Carolina, District of Minnesota, Northern District
of Ohio, Eastern District of South Carolina, District of Rhode Island, and 
District of Massachusetts.
ALLEGED SHIPMENT: On or about Mareh 19, April 3 and 8, May 2, July 9, 11, 
and 20, August 11, and September 10, 1946, by the Sunshine Packing Corp., 
from North East, Pa.
PRODUCT: 200 32-pound cans of sliced strawberries at Rochester, N. Y.; 140 
32-pound cans of sliced strawberries at Greensboro, N. C.; 1,125 32-pound 
cans of sliced strawberries at Minneapolis, Minn.; 300 30-pound cans of black 
raspberries at Cleveland, Ohio; 225 32-pound cans of sliced strawberries at 
Wake Forest, N. C.; 5 45-pound cans of black raspberry puree and 13 45- 
pound cans of strawberry puree at Charleston, S. C.; 36 45-pound cans of 
strawberry puree at Newport, R. I.; 15 45-pound cans of strawberry puree 
at Middletown, R. I.; and 95 30-pound cans of black raspberries at Springfield, 
Mass.
LABEL IN PART : (Carton) "Strawberry Puree"; (can) "St. Berry Puree Spec. 
Process," "Fancy Sliced Strawberries Sugar Packed," "Fancy Black Rasp- 
berries    Packed in Syrup," and "Black Rasp. Puree   Sugar Added."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the products consisted 
in whole or in part of decomposed substances by reason of the presence of 
decomposed strawberry material or raspberry material.
DISPOSITION : The above cases were consolidated for trial in the Northern Dis- 
trict of Ohio, and on August 7, 1950, the Sunshine Packing Corp., North East, 
Pa., claimant, having consented to the entry of a decree, judgment of condemna- 
tion was entered which covered all of the articles except the 225 32-pound cans 
of sliced strawberries located at Wake Forest, N. C. The court ordered that 
the articles located at Charleston, S. C, and Newport and Middletown, R. I., 
be destroyed at once, and that the articles located at Greensboro, N. C, Spring- 
field, Mass., Rochester, N. Y., Minneapolis, Minn., and Cleveland, Ohio, be 
released under bond to the claimant for segregation and bringing into com- 
pliance with the law in lieu of destruction, under the supervision of the 
Federal Security Agency.
On November 6, 1950, the Sunshine Packing Corp. having consented to the 
entry of a decree condemning the lot located at Wake Forest, N. C, judgment 
of condemnation was entered providing for disposition of the product in the 
same manner as the goods that had been ordered released under the con- 
solidated decree.