NOTICE OF JUDGMENT NO. 970, FOOD AND DRUGS ACT.
ADULTERATION OF FROZEN EGGS.
On or about January 9, 1911, there were received at St. Louis, Mo., 
736 tubs of frozen eggs which had been shipped to said city from 
Chicago, Ill. Samples were procured from these shipments and ex- 
amined bacteriologically by the Bureau of Chemistry, United States 
Department of Agriculture, and the product was found to contain 
an excessive number of organisms, a considerable number of which 
were of the gas-producing type. As it appeared from the findings 
of the analyst and report thereon that the product was adulterated 
within the meaning of the Food and Drugs Act of June 30, 1906, 
and was liable to seizure under section 10 of the act, the Secretary 
of Agriculture reported the facts to the United States attorney for 
the Eastern District of Missouri.
In due course a libel was filed in the District Court of the United 
States for said district against the said 736 tubs of frozen eggs, 
charging the above shipment and alleging that the product so shipped 
was adulterated in that it consisted in large part of organisms and 
bacteria varying in number from 31,000,000 to 35,000,000 organisms 
per cc., a large percentage of which organisms being of the gas- 
producing type, varying in number from 1,000,000 to 10,000,000 per 
cc, which showed said product to be filthy and decomposed, and 
praying seizure, condemnation, and forfeiture of the product.
On March 6, 1911, the cause came on for hearing and Herbert S. 
Johnson appeared as claimant of the product, admitting the shipment 
of the eggs and the allegations of the above libel, and requesting that 
he be permitted to take the property seized upon the giving of a 
bond conditioned that it should not be sold in violation of law. 
Whereupon the court, being fully advised in the premises, issued its
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decree finding 624 tubs of the product, the same being all that was 
found at time of seizure, to be adulterated as alleged in said libel, 
assessing the costs of these proceedings upon the above-mentioned 
claimant, and ordering the destruction of said product by the marshal 
of said district, which order was forthwith executed.
This notice is given pursuant to section 4 of the Food and Drugs 
Act of June 30, 1906.
JAMES WILSON, 
Secretary of Agriculture.
WASHINGTON, D. C, June 19,1911.
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