18029. Adulteration of  ergrot   of  rye.     V.   8.  v.   9  Bass   of  Ergot   of   Rye.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 25936.   I. S. No. 20250.    S. No. 4183.)
Samples of ergot of rye from the shipment herein described having been 
found to be moldy, decomposed, worm-eaten, and infested with live insects, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Southern District of New York.
On February 24, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of nine bags of ergot of rye, remaining in the original unbroken 
packages at New York, N. Y., alleging that the article had been imported 
from Hamburg, Germany, into the State of New York, in part on April 13, 
1927, and in part on April 21, 1927, and charging adulteration in violation 
of the food and drugs act.
It was alleged in the libel that the article was adulterated in that it was 
sold under a name recognized in the United States Pharmacopoeia and differed 
from the standard of strength, quality, and purity as determined by the test 
laid down in said pharmacopoeia.
On March 16, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal. It was further 
ordered that the marshal weigh the product prior to destroying it and report 
the weight in his return of the writ.
ABTHUB M. HYDE, Secretary of Agriculture.