4054. Adulteration ol oysters.   U. S. v. C. J. Hogg.   Tried to the court ami a jury.  Verdict of?
guilty.   Fine, $50 and costs.   (F. & D. No. 4237.   I. 8. No. 14026-d.)
On July 12, 1912, the United States attorney for the Eastern District of Virginia,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district an information against G. J, Hogg, Tampico, Va., alleg??
ing shipment by said defendant, in violation of the Food and Drugs Act, on Novem??
ber 15, 1911, from the State of Virginia into the District of Columbia, of a quantity?
of oysters in the shell which were adulterated.
Bacteriological examination of a sample of the product by the Bureau of Chemistry?
of this department showed that: 5 out of 5 oysters showed the presence of gas-pro??
ducing organism in 1 cc quantities of the shell liquor; 5 out of 5 in 0.1 cc; 4 out of 5?
in 0.01 cc; the composite liquor from the 5 oysters showed the presence of 180,000?
organisms per cc after 4 days' incubation on plain sugar at 25? C.; 60,000 organisms at?
37? C; and gas-producing organisms in 0.01 cc; score, 410 points.
Adulteration of the product was alleged in the information for the reason that the?
same consisted, in whole and in part, of filthy and decomposed animal or vegetable?
substance.
On January 19, 1915, the case having come on for trial before the court and a jury,?
after the submission of evidence, the case was given to the jury and a verdict of guilty?
was returned, and thereupon the court imposed a fine of $50 and costs.
(This case was tried in the absence of defendant and it was later discovered that he?
had died some time prior to the date of the trial.)
CARL VKOOMAN, Acting Secretary of Agriculture,
WASHINGTON, D. C.  December 4, 1915.
M.J.4051-4100.]    SERVICE  AND REGULATORY ANN'OUlSrOBMBN'TS.	75