29400. Par-Pic snacks. (F.D.C. No. 49572. S. No. 64-196 X.) QUANTITY: 40 cases, each containing 12 pkgs., at Hopkins, Minn. SHIPPED: 11-7-63, from Manchester, Mo., by Par-Pie Food Products Co., Inc. LABEL. IN PART: (Pkg.) "Delicious High Protein Par-Pic The Aristocrat Of Snacks Nutritious 5 Oz. Net Wt. Ingredients Choice Nuts, Cereals, Pretzels, Vegetable Oil, Seasonings * * * Par-Pic Food Products Co. Man- chester, Mo." RESULTS OF INVESTIGATION: The article was found to be approximately 5.8 percent short weight. LIBELED : 1-2-64, Dist. Minn. CHARGE: 403(e) (2)—when shipped, the article failed to bear a label containing an accurate statement of quantity of contents; 403(i) (2)—the label of the article failed to bear the common or usual name of each ingredient since "choice nuts," "cereals" and "seasonings" were not the common or usual names for ingredients. ' DISPOSITION : 2-14-64. Default—ordered delivered to a charitable institution. INDEX TO NOTICES OF JUDGMENT RNJ. NOS. 29301 TO 29400 I PRODUCTS N.J. No. Alfalfa hay 29343 Apple juice 29355 Bakery pan coating 29399 Barley 29332 Beans, lima, dried 29363,29365 pinto, dried 29364,29365,29390 Black-eyed peas, canned 29369 Block salt 29344 Brazil nuts, shelled 29380 Breading 29334-29336 Broccoli, frozen 29360,29361 Butter 29339 peanut 29385 whipped 29340 Buttermilk, dried 29342 Cake flour 29312 Cauliflower, fresh 29362 Cereals and cereal products 04 29301-29338 Cheese, romano 29341 Chili relish, green, hot 29372 Chop suey vegetables, mushroom, canned 29370 N.J. No. Cider, apple. See Apple juice. Cinnamon, stick 29390 Cod Liver oil ^__ 29393 Color additive violation 29393 Cooking oils "29301,29389 Commeal • 29301,29302,29312 mix 29302 Cottonseed oil, crude 29387,29388 Cowpeas, dried 29366 Dairy products 29339-29342 Dietary food wafers 29394 Fats. See Oils and fats. Feeds and grains 29343,29344 Field peas, canned 29368 Fish and shellfish 29345-29348 Flour 29303-29314 cake 29312 potato 29313 rice 29311 self-rising 29314 soy ,_ 29311 Food additive violations 29360, 29361,29397,29398 o(29301, 29356, 29359) Seizure contested. *(29322) Motion for preliminary injunction denied. Contains decision and order of the court The cases reported herewith were instituted in the United States disitrict courts by United States attorneys, acting upon reports submitted by the Department of Health, Education, and Welfare. They involve foods which were alleged to be 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. These cases involve (1) seizure proceedings in which decrees of condemnation were entered after default or consent; (2) criminal proceedings which were terminated upon pleas of guilty and nolo contendere or, in one case, upon a verdict of not guilty to one count and of guilty to another count; and which proceedings involved, in one case, a contempt action for violation of a permanent injunction, and, in another case, a mistrial and a judgment of acquit- tal on one count; and (3) an injunction proceeding terminated upon the entry of a permanent injunction by consent. The seizure proceedings are civil actions taken against the goods alleged to be in violation, and the criminal and injunction proceedings are against the firms gov individuals charged to be responsible for violations. Published by direction of the Secretary of Health, Education, and Welfare. GEO. P. LARRICK, Commissioner of Food and Drugs. WASHINGTON, D.C, September 25, 1964- CONTENTS Page Cereals and cereal products 180 Bakery products 180 Cornmeal 182 Flour 183 Miscellaneous cereals and cere- al products 185 Confectionery and sugar 189 Dairy products 189 Butter___ 189 Cheese 190 Miscellaneous dairy products. 190 Eggs 191 Feeds and grains 193 Fish and shellfish 201 741-832—64 1 Page Fruits and vegetables 202 Canned fruit 202 Frozen fruit 203 Vegetables and vegetable prod- ucts 203 Tomatoes and tomato prod- ucts 205 Meat products and poultry 207 Nuts and nut products 208 Oils and fats 209 Spices, flavors, and seasoning materials 210 Vitamin, mineral, and other products of special dietary significance 211 179 Adulteration, Section 402(a) (2) (B), the article was a raw agricultural com- modity and it bore or contained a pesticide chemical which was unsafe within ( the meaning of Section 408(a) ; Section 402(a) (2) (C), the article contained a food additive which was unsafe within the meaning of Section 409; Section 402(a) (3), the article consisted in whole or in part of a filthy, putrid, or de- composed substance, or it was otherwise unfit for food; Section 402(a) (4), the article had been prepared, packed, or held under insanitary conditions whereby it might have become contaminated with filth or might have been rendered in- jurious to health; Section 402(b) (1), a valuable constituent had been in whole or in part omitted or abstracted from the article; Section 402(b) (2), a substance had been substituted in whole or in part for the article; Section 408(a), a poison- ous or deleterious pesticide chemical, or a pesticide chemical not generally recognized, among qualified experts, as safe for use, added to a raw agricultural commodity, was deemed to be unsafe because no tolerance or exemption from the requirement of a tolerance for such pesticide chemical in or on the raw agricul- tural commodity had been prescribed by the Secretary of Health, Education, and Welfare, or because the quantity of the pesticide chemical in or on the raw agricultural commodity was not within the limits of a tolerance prescribed by the Secretary of Health, Education, and Welfare; and Section 409, a food additive was deemed to be unsafe because the food additive and its use or intended use failed to conform to the terms of an effective exemption or because there was not in effect, or the food additive and its use or intended use failed to be in con- formity with, a regulation prescribing conditions for safe use. Misbranding, Section 403(a), the labeling of the article was false and mislead- ing; Section 403(e), the article was in package form, and it failed to bear a label containing (1) the name and place of business of the manufacturer, packer, or distributor, and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; Section 403 (f), a word, statement, or other information required by or under authority of the Act to appear on the label or labeling was not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; Section 403(g) (2), the article purported to be or was represented as a food for which a definition and standard of identity had been prescribed by regulations and its label failed to bear, as required by regulations, the common name of certain optional ingre- dients present in such food; Section 403 (i), the article was not subject to the pro- visions of Section 403(g) and (1) its label failed to bear the common or usual name of the article, and (2) the article was fabricated from two or more ingre- dients, and its label failed to bear the common or usual name of each such ingre- dient; and Section 403 (k), the article contained a chemical preservative and failed to bear labeling stating that fact. CEREALS AND CEREAL PRODUCTS BAKERY PRODUCTS