18136. Adulteration of   scallops.    TJ.   S.   v.   1   Barrel,   et   al.,   of   Scallops.
Default decrees of condemnation and forfeiture. Product ordered 
delivered to charitable institutions. (F. & D. Nos. 26389, 26393, 26395. 
I. S. Nos. 28967, 28968, 28974.    S. Nos. 4363, 4372, 4411.)
Samples of scallops from the shipments herein described having been found to 
?contain added water, the Secretary of Agriculture reported the matter to the 
United States attorney for the Southern District of New York.
On March 5 and March 6,1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid libels praying seizure and 
condemnation of 3 barrels, containing a total of forty-five 1-gallon cans of 
scallops, remaining in the original unbroken packages at New York, N. Y., 
alleging that the article had been shipped by H. Allen Smith, Cheriton, Va., 
on or about March 3 and March 5, 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 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 March 23, 1931, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the United States marshal deliver such portions of the product as were 
found by this department to be fit for human consumption to various charitable 
institutions, and that any unfit portions be destroyed.
ABTHTJB M. HYDE, Secretary of Agriculture.