29096. Adulteration and misbranding of shelled peanuts.    U. S. v. 54 Bags of 
Peanuts.    Default decree of condemnation and destruction.     (F. & D.
No. 42143.   Sample No. 9890-D.)
This product contained excessive damaged or dirty kernels.
On April 7, 1938, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 54 bags of shelled 
peanuts at Philadelphia, Pa.; alleging that the article had been shipped in 
interstate commerce on or about March 15, 1938, by the J. B. Worth Peanut 
Co., from Petersburg, Va.; and charging adulteration and misbranding in 
violation of the Food and Drugs Act.
The article was alleged to be adulterated in that it consisted in whole or 
in part of a filthy vegetable substance.
It was alleged to be misbranded in that the statement, "No. 2 Spanish 
Shelled Peanuts," borne on the bags, was false and misleading when applied to 
Spanish shelled peanuts which contained damaged (dirty) kernels in excess 
of the 1 percent tolerance for U. S. No. 2 grade.
On May 16, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.