People v. 2, 624 Thirty-Pound Cans of Frozen Eggs

California Court of Appeal Jan 17, 1964 No. Civ. 27528Published

Before: Kingsley

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Holding. The court held that the state's proceeding to destroy adulterated eggs was validly and timely initiated, as the state may re-quarantine goods and the owner failed to seek release during the statutory periods.

Issues

Whether the state lost jurisdiction to initiate destruction proceedings by failing to act within 90 days of the initial 1960 quarantine.
Whether the state is prohibited from re-quarantining the same goods on the same grounds as an original quarantine.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We believe that the present proceeding was validly and timely initiated.”

“The public interest involved cannot be defeated by the inaction of the departmental employees.”

KINGSLEY, J.

This is an appeal from an order of the superior court entered pursuant to section 26587 of the Health and Safety Code, authorizing the State Department of Public Health to destroy 2,624 30-pound cans of adulterated frozen eggs.

In 1960, appellant, Jack Levine, doing business as Colyton Egg Products and Rancho Egg Farms, had in storage 2,624 30-pound cans of frozen eggs at Terminal Refrigerating Company. On July 7, July 11, and July 12, 1960, after an investigation and a finding that the eggs were decomposed and therefore adulterated (Health

Saf. Code, § 26470, subd. (3)), the Department of Public Health, Bureau of Food and Drug Inspections quarantined all the eggs. (Health & Saf. Code, § 26580.)

On August 14, 1961, after a second investigation and examination, the Department of Public Health again quarantined the eggs for the same reasons they were quarantined on the respective dates in July 1960. On October 4, 1962, but with no further inspection, the eggs were again requarantined. On November 19, 1962, pursuant to Health and Safety Code, section 26586, there was filed in the superior court a “Petition For Leave To Forfeit, Condemn And Destroy Quarantined Eggs. ’ ’ On December 14, 1963, appellant filed an answer setting forth the defense that the proceeding was not validly initiated pursuant to section 26586, and prayed for release of the eggs involved.

[136]

No serious contention can be made that all the eggs here in question were not contaminated. The evidence in the record amply supports the conclusion that all of said frozen eggs were adulterated within the meaning of sections 26470 and 26580 of the Health and Safety Code, in that tests of the frozen eggs proved them to contain decomposed substances. Although only a portion of the eggs were sampled and found adulterated, such sampling procedure has been upheld as proper and as providing sufficient evidentiary support to uphold the conclusion that all 2,624 30-pound cans of frozen eggs were adulterated.

(People

People v. 2, 624 Thirty-Pound Cans of Frozen Eggs

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KINGSLEY, J.

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