81033. Adulteration of frozen eggs.    U. $. v. Swift & Co.    Plea of nolo con¬
tendere.    Fine, $275 and costs.     (F. & D. No. 42771.    Sample No. 43540-D.)
The frozen eggs involved in this shipment were in part decomposed.
On October 26, 1939, the United States attorney for the Northern District of 
Texas filed an information against Swift & Co., a corporation trading at Fort 
Worth, Tex., alleging that on or about April 14, 1939, the defendant company 
sold and delivered to a purchaser at Fort Worth, Tex., a quantity of frozen 
eggs; that at the time of said sale and delivery the defendant gave a guaranty 
to the purchaser to the effect that the product complied with the Federal Food 
and Drugs Act; that the said product in the identical condition as when so 
sold and delivered was shipped on or about April 14, 1939, by the purchaser 
thereof from the State of Texas into the State of California; that the said 
article was adulterated in violation of the Food and Drugs Act, and that by 
reason of the guaranty the defendant was amenable to the prosecutions and 
fines and other penalties which otherwise would attach to the shipper.
The article was alleged to be adulterated in that it consisted in whole or in 
part of a decomposed and putrid animal substance.
On January 15, 1940, a plea of nolo contendere was entered on behalf of 
the defendant and the court imposed a fine of $275 and costs.
GBOVEB B. Hnx, Acting Secretary of Agriculture.