People v. Two Hundred Thirty-Seven 30-Lb. Cans of Whole Hen Eggs

DORAN, J. By this action the People of the State of California sought to condemn a quantity of canned eggs on the ground that the same were adulterated within the meaning of section 4 of the act commonly known as the California Pure Pood Act, Statutes of 1907, chapter 181, as amended, in that said eggs consisted in whole or in part of filthy, decomposed, and putrid animal and vegetable substances, and were unfit for human consumption. The eggs in question were in a cold-storage warehouse, where they had been delivered at various times over a period of months.

The court found in substance that an average representative sample was taken of the food products in question, and that the eggs were adulterated within the meaning of the Pure [293]Pood Act. The judgment which followed ordered that the eggs be destroyed.

In the appeal herein from the judgment, the sole contention of appellant is that the evidence does not warrant the finding that all of the eggs were adulterated, for the reason that only a few cans from each lot were sampled and inspected, and found to be adulterated. As to the cans actually sampled and inspected and found to be adulterated, appellant concedes the evidence to be sufficient, but it is urged the samples taken did not constitute an average representative sample.

The evidence shows that frozen eggs are articles of trade and commerce and that they are. prepared by breaking the eggs, and in some cases separating the yolks from the albumen, the product then being poured into thirty-pound cans and frozen.

Of one lot of 237 thirty-pound cans of eggs, 21 cans were sampled and inspected. The other lots were sampled and inspected in the following proportion: Of the lot of 164 cans, 14 cans were sampled and inspected; lot of 62 cans, 10 cans were sampled and inspected; lot of 37 cans, 5 cans were sampled and inspected; lot of 99 cans, 6 cans were sampled and inspected; lot of 40 cans, 6 cans were sampled and inspected. It should be noted that at the time the inspection took place and the samples were obtained, an inspector representing the appellant accompanied respondent’s inspectors and secured like samples, but, nevertheless, no evidence of any kind was offered at the trial, on behalf of appellant, to the effect that any of the eggs were fit for human consumption.

The finding of which appellant complains is as follows: