United States v. 2623 Pounds, more or less, of Veal & Beef

MEMORANDUM OF DECISION

This action is brought pursuant to the provisions of Section 403 of the Federal Meat Inspection Act, 21 U.S.C. 673, and prays the seizure and condemnation of certain meat products located at the establishment of the Chip Steak Company (claimant herein) on the ground that such products are misbranded within the meaning of 21 U.S.C. 601(n) (1) and (n) (7) and on the further ground that such products are adulterated within the meaning of 21 U.S.C. 601 (m) (8).

The action is presently before the court on cross-motions for summary judgment.

The record herein indicates that on March 17, 1960, an inspector for the United States Department of Agriculture took a sample of a meat product from claimant’s establishment; that the sample was taken from containers marked “Tasty Beef Steaks; Beef-Chopped-Molded-Cubed-Frozen; Hydrolized Vegetable Protein and Flavoring Added”; that such sample was analyzed and found to contain in excess of 30 fat; and that, on March 27, 1970, the lot from which the sample had been taken was marked “U.S.-Retained”.

The same procedure was followed on June 22, 1970, when federal inspectors took a sample from containers marked “Breaded Veal…