30913. Adulteration of smoked herring.     V. S. v. 84 Boxes and 134 Boxes of
Cured Kippers.   Default decree of condemnation and destruction.    (F. &
D. Nos. 44846, 44847.    Sample Nos. 59761-D. 59762-D.)
This product had been shipped in interstate commerce and remained unsold 
and in the original packages. At the time of examination it was in part 
decomposed.
On February 15, 1939, the United States attorney for the Eastern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 218 boxes of smoked 
herring at Brooklyn, N. Y.; alleging that the article had been shipped on or 
about November 8, 1938, by Green Bros, from Eastport Maine; and charging 
adulteration in violation of the Food and Drugs Act The article was labeled 
in part: "Triboro Brands Best English Cured Kippers Oak Smoked."
It was alleged to be adulterated in that it consisted in part of a filthy animal 
substance, namely, decomposed fish.
On April 4, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
GROVER B. HUX, Acting Secretary of Agriculture.