29943. Adulteration of almonds in shell.    V. S.  v. 806 Bags and 75 Bag's of
Almonds.    Consent decree of condemnation.    Product released under 
bond for segrregration and destruction of decomposed nuts.     (F. & D.
No. 44320.   Sample No. 86089-D.)
This product, which had been shipped in interstate commerce and remained 
unsold and in the original unbroken packages at the time of examination, was 
found to be in part worm-infested and moldy.
On November 14, 1938, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the
at New York, N. Y.; alleging that the article had been shipped on or about 
November 4, 1938, by Rosenberg Bros. & Co. from San Francisco, Calif.; and 
charging adulteration in violation of the Food and Drugs Act. The article 
was labeled in part: "Ensign Brand California Nonpareil Almonds Crop 1938."
It was alleged to be adulterated in that it consisted in whole or in part of a 
filthy and decomposed vegetable substance.
On December 21, 1938, Rosenberg Bros. & Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond conditioned that the unfit portion be denatured 
or destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.