18135. Adulteration of  scallops.    V.  S.  v. 2  Barrels  of  Scallops.    Default
decree of condemnation and forfeiture. Product ordered de- 
livered to charitable institution or destroyed. (F. & D. No. 26390. 
I. S. No. 28966.    S. No. 4370.)
Samples of scallops from the shipment herein described having been found 
to contain added water, the Secretary of Agriculture reported ihe matter to 
the United States attorney for the Southern District of New York.
On March 4, 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 2 barrels containing twenty-four 1-gallon cans of scallops, remain- 
ing in the original unbroken packages at New York, N. Y., alleging that the 
article had been shipped by S. F. Smith & Co., Cape Charles, Va., on or about 
March 2, 1931, and had been transported from the State of Virginia into the 
State of New York, and charging adulteration in violation of the food and 
drugs act.
It was alleged in the libel that the article was adulterated in' that a sub- 
stance, water, had been mixed and packed with and substituted in part for 
scallops.
On March 23, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the United States marshal deliver such portions of the product as might 
toe found by this department to be fit for human consumption to a charitable 
Institution, and that any unfit portion be destroyed.
ABTHtiB M. HYDE, Secretary of Agriculture.