22656. Whole fennel seed. (F. D. C. No. 37961. S. No. 5-446 M.) QUANTITY : 1 75-lb. drum at Chicago, Ill. SHIPPED : 3-1-55, from New York, N. Y., by C. M. Van Sillevoldt, Inc. LIBELED : 5-10-55, N. Dist. Ill. CHARGE: 402 (a) (3)—contained insects and insect fragments when shipped. DISPOSITION : 6-9-55. Default—destruction. The cases reported herewith were instituted in the United States district courts by United States attorneys acting upon reports submitted by the Depart- ment of Health, Education, and Welfare. They involve foods which were adulterated or misbranded within the meaning of the Act when introduced into and while in interstate commerce or while held for sale after shipment in inter- state commerce; and, in addition, one case involves the sale of or offer to sell oleomargarine, and another the possession of and serving of oleomargarine con- trary to the law. These cases involve (1) seizure proceedings which were terminated with the entry of default or consent decrees of condemnation and (2) criminal proceedings which were terminated upon pleas of guilty or nolo contendere. The seizure proceedings are civil actions taken against the goods alleged to be in violation, and the criminal proceedings are against the firms or individuals charged to be responsible for violations. Published by direction of the Secretary of Health, Education, and Welfare. GEO. P. LARBICK, Commissioner of Food and Drugs, WASHINGTON, D. C, August 7, 1956. CONTENTS Page Beverages and beverage materials. 226 Cereals and cereal products 228 Flour 228 Macaroni and noodle products __ 231 Miscellaneous cereals and cereal products 231 Fruits and vegetables 235 Canned fruit 235 Dried fruit 237 Jams, jellies, and preserves 237 Vegetables 238 Page Fruits and vegetables—Continued Tomatoes and tomato products. 239 Nuts and nut products 240 Oleomargarine 242 Spices, flavors, and seasoning ma- terials 242 Vitamin, mineral, and other prod- ucts of special dietary signifi- cance 245 Index 246 225 3&0469—56- Adulteration, Section 402 (a) (2), the article contained an added poisonous or deleterious substance which was unsafe within the meaning of Section 406; Section 402 (a) (3), the article consisted in part of a filthy or decomposed sub- stance, or was otherwise unfit for food; Section 402 (a) (4), the article had been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth; Section 402 (b) (1), a valuable constituent of the article had been in whole or in part omitted or abstracted therefrom; Section 402 (b) (2), a substance had been substituted wholly or in part for the article. Misbranding, Section 403 (a), the labeling of the article was false and mis- leading; Section 403 (b), the article had been offered for sale under the name of another food. Oleomargarine, Section 407 (b) (3), the label of the article, when sold and offered for sale, failed to bear the word "oleomargarine" or "margarine" and a full and accurate statement of all the ingredients contained in such oleomar- garine or margarine; Section 407 (c), colored oleomargarine or margarine was possessed in a form ready for serving at a public eating place, and no notice that oleomargarine or margarine was being served was displayed; and colored oleomargarine or colored margarine was served at a public eating place, and each separate serving neither bore, nor was accompanied by, labeling identify- ing it as oleomargarine or margarine, and it was not triangular in shape. BEVERAGES AND BEVERAGE MATERIALS