17120. Adulteration of   scallops.    U.   S.   v.   1   Barrel,   et   al.,   of   Scallops.
Default deeree of condemnation and forfeiture. Product de- 
livered to charitable institutions. (F. & D. Nos. 24621, 24625, 24626. 
I. S. Nos. 028891, 028894, 028899.    S. Nos. 2858. 2859, 2887.)
On February 14 and February 19, 1930, respectively, the United States 
attorney for the Southern District of New York, acting upon reports by the 
Secretary of Agriculture, filed in the District Court of the United States 
for said district libels praying seizure and condemnation of 5 barrels, con- 
taining ninety-eight 1-gallon cans of scallops, remaining in the original un- 
broken packages at New York, N. Y., alleging that the article had been shipped 
by Bart Bowen & Son, Broadwater, Va., in various shipments, on or about 
February 13, 1930, in part from Broadwater, Va., and in part from Salisbury, 
Md., and on or about February 17, 1930, from Broadwater, Va., into the State 
of New York, and charging adulteration in violation of the food and drugs act.
It was alleged in the libels that the article was adulterated in that a sub- 
stance, water, had been mixed and packed with and substituted in part for 
scallops.
On February 28, and March 6, 1930, respectively, no claimant having appeared 
for the property, judgments of condemnation and forfeiture were entered, and 
it was ordered by the court that the portion of the product passed by this 
department as fit for human consumption be delivered to charitable institutions, 
and the unfit portion, if any, destroyed.
ARTHUR M. HYDE, Secretary of Agriculture.