30315. Adulteration of  canned  oysters.     U.   S.  v.   19S  Cases  and  246  Cases  of
Canned Oysters. Consent decree of condemnation with provisions for 
release under bond for segregation and destruction of unfit portion.
(F. & D. Nos. 44498, 44499.   Sample Nos. 40185-D, 40186-D.)
This product was in part decomposed.
On December 13, 1938, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 444 cases of canned oysters at 
Kalispell, Mont.; alleging that the article had been shipped in interstate com- 
merce on or about November 16, 1938, by the Dunbar-Dukate Co. from New 
Orleans, La.; and charging adulteration in violation of the Food and Drugs 
Act. The article was labeled in part: "Pelican Brand Cove Oysters Packed for 
Dunbar-Dukate Co. Inc."
Adulteration was alleged in that the article consisted in whole and in part 
of a filthy, decomposed, and putrid animal substance.
On March 8, 1939, the Dunbar-Dukate Co. having appeared as claimant and 
having consented to the entry of a decree, judgment of condemnation was en- 
tered and the product was ordered released under bond conditioned that the 
portion unfit for human consumption be segregated and destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.