24982. Oysters.    (Inc. No. 305.)
COMPLAINT FOR INJUNCTION FILED: 10-12-56, Dist. Md., against the Oxford 
Packing Co., Inc., Oxford, Md.
CHARGE : The complaint alleged that the defendant was engaged in the business 
of processing, preparing, packing into hermetically sealed or fruition-top cans, 
and selling and distributing raw oysters; and that the defendant had been 
introducing and delivering for introduction into interstate commerce, oysters 
which were adulterated within the meaning of 402(b) (2) in that water had 
been substituted in part for oysters, and 402(b) (4) in that water had been 
added, mixed, and packed with the oysters so as to increase their bulk and 
reduce their quality.
The complaint alleged also that the oysters purported to be and were repre- 
sented as shucked oysters, a food for which definitions and standards of 
identity have been prescribed; that such definitions and standards provided 
that oysters should be shucked, washed, and drained prior to packing in such a 
manner that not over 5 percent of drained liquid would be found in the oysters 
within 15 minutes after packing; that extensive experimental packs of au- 
thentic oysters established that oysters packed in conformity with the standards 
would not exceed the 5 percent limit of drained liquid; that specific shipping 
experiments showed that legally packed oysters would not subsequently release 
liquid and that there would be no increase in the drained liquid contents of the 
cans of oysters with the passage of time after packing; that samples collected 
from interstate shipments made by the defendant, upon analysis, disclosed the 
presence of amounts of liquid greatly in excess of 5 percent; that such an- 
alytical findings established that the defendant's oysters were adulterated by 
the addition of water which could have been added by (1) excessive soaking of 
the oysters in fresh water to the extent that the oysters absorbed a large quan- 
tity of water, (2) the addition of water to the cans of oysters at the time of 
packing, (3) inadequate draining of the oysters after washing so that a sig-
nificant portion bf the wash water was retained handpicked into the cans'with 
the oysters, or (4) a combination of the above factors.
The complaint alleged further that since the time the defendant commenced 
business in 1952 the Food and Drug Administration had' examined samples 
from 41 interstate shipments of the -firm's oysters; that 20 of these shipments 
(48 percent) were found to contain drained liquid in excess of that permitted 
by the standards; that 9 of the sampled lots were seized in possession of the 
consignees, and that in these lots as much as 13.3 percent of free liquid was 
found with the average of the 9 samples being 10.08 percent; that the average 
of the solids found in the samples of the lots seized was 10.11 percent while the'" 
average solids of 6 authentic packs made of the firm's plant by Food and Drug 
Inspectors (oysters observed being prepared, shucked, and then washed and 
drained as specified in the standards) during the oyster seasons 1952, 1953, 
1954, and 1956 was 14.14 percent; and that the difference between the solids 
content of the authentic packs and the solids content '¦ of the sampled lots in- 
dicated that the latter contained added water. 
It was alleged also that the defendant was well aware that its activities 
resulted in violations of the law; and that repeated warnings given to the man- 
agement during factory inspections, during the preparation of authentic packs, 
and at administrative hearings resulting from seizures and violative shipments 
encountered, had brought about a practice of packing "according to the book" 
only when Food and Drug Inspectors were present at the plant.
DISPOSITION: 1-18-57. The defendant having consented, the court entered a 
preliminary injunction enjoining and restraining the defendant (until the com- 
plaint filed by the Government was dismissed by the Government or set aside 
by the court upon hearing the complaint for permanent injunction) from caus- 
ing to be introduced and delivering for introduction into interstate commerce, 
raw oysters or any other such articles of food which are packed in such manner 
that over 5 percent of drained liquid is found in the oysters at any time after 
15 minutes after packing and are thus adulterated within the meaning of 
402(b) (2) and (4).
FRUITS AND VEGETABLES 
CANNED FRUIT*