5645. Adnltevation of pol-k and Isearas. U. S. * * * v. 911 Cases * * * 
of Porlt and Beans. Consent decree of condemnation and forfei- 
ture. Good portion released on bond. Unfit portion ordered de- 
stroyed.    (F. & D. No. 7388.    I. S. No. 10091-L    S. No. C-51I.)
On or about May 8, 1916, the United States attorney for the District of 
Kansas, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel, and on or about De- 
cember 28, 1916, an amended libel, praying the seizure and condemnation of 911 
cases, each containing 2 dozen cans of pork and beans, remaining unsold in the 
original unbroken packages at Salina, Kans., alleging that the article had been 
shipped on or about March 22, 1916, by the Norfolk Packing Co., Norfolk, Nebr., 
and transported from the State of Nebraska into the State of Kansas, and charg- 
ing adulteration in violation of the Food and Drugs Act. The article was labeled 
in part:   "Summer Girl Brand Pork and Beans with Tomato Sauce * * *."
Adulteration of the article was alleged in the amended libel for the reason 
that it contained a large quantity of decomposed, diseased, and rotten beans 
and by reason thereof consisted in part of a filthy and decomposed vegetable 
substance.
On January 23, 1917, the said Norfolk Packing Co., claimant, having con- 
sented to a decree, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that upon the payment of the costs of the proceed- 
ings and the execution of a bond in the sum $1,000, in conformity with section 
10 of the act, the product should be released to said claimant to be sorted under 
the supervision of the Bureau of Chemistry of this department, the good portion, 
if any, to be released to said claimant, and the unfit portion to be destroyed.
C. F. MAKyiN, Acting Secretary of Agriculture,