5565. Adulteration of mustard seed.    V. S. v. 162 Bags, 35 Barrels, and 31 Boxes
of Mustard Seed.   Decree of condemnation and destruction.    (F. D. G. No.
9575.   Sample No. 5664-F.)
This product was stored after shipment under extremely insanitary conditions. 
About half the bags were cut or torn and a large amount of the seed was spilled 
on the floor. Numerous rodent pellets were found on the bags, in the cut areas, 
and on the spilled mustard seed. The seed in the barrels and boxes had been 
transferred from the original bags because of rodent cutting, and these boxes
and barrels also contained numerous rodent pellets. Examination of samples 
showed that the product contained rodent pellets, rodent hairs, and miscellaneous 
debris.
On March 16, 1943, the United States attorney for the Eastern District of 
Missouri filed a libel against 162 bags, 35 barrels, and 31 boxes of mustard seed 
at St. Louis, Mo., alleging that the article had been shipped from Havre, Mont, 
on or about July 21, 1942, and was in the possession of Berger Foods Co., St. 
Louis, Mo.; and charging that it was adulterated in that it consisted in whole 
or in part of a filthy substance, and in that it had been held under insanitary 
conditions whereby it might have become contaminated with filth.
On November 13, 1943, no claimant having appeared other than Archie Berger 
and Ben Berger, doing business as the Berger Foods Co., and those individuals 
having subsequently abandoned their claim, judgment of condemnation was 
entered and the product was ordered sold to such persons as would adopt such 
safeguards as might be directed by the Food and Drug Administration against 
its use in violation of the law. On January 17, 1944, no purchaser having been 
found, an amended decree was entered for the destruction of the product.