18138. Adulteration of scallops.    TJ. S. v. 1 Box, et al., of Scallops.    Default
decrees of condemnation and forfeiture. Product ordered de- 
livered to charitable institution or destroyed. (F. & D. Nos. 26385, 
26392.    I. S. Nos. 28960, 28964.    S. Nos. 4364, 4365.)
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 3, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid libels praying seizure and con- 
demnation of 1 box and 1 barrel, containing a total of thirty-six 1-gallon cans 
of scallops, remaining in the original unbroken packages at New York, N. Y., 
alleging that the article had been shipped by C. C. Hine, Cape Charles, 
Va., on or about February 28, 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 might 
be found by this department to be fit for human consumption to charitable 
institutions, and that any unfit portion be destroyed.
ABTHTJB M. HYDE, Secretary of Agriculture.