5819. Adulteration of flour.    U. S. v. 193 Bags of Flour.    Default decree of con¬
demnation and destruction. Amended decree ordering the product sold 
for use as animal feed.    (F. D. C. No. 11157.   Sample No. 49828-F.)
LIBEL FILED :   November 20, 1943, Western District of New York.
ALLEGED SHIPMENT:    On or about February 3, 1943, from Leavenworth, Kans.
PRODUCT: 193 24%-pound bags of flour in possession of the C. D. Kenny Co., 
Buffalo, N. Y.
VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of filthy substances by reason of the presence of rodent 
excreta and rodent urine; and, Section 402 (a) (4), it had been held under 
insanitary conditions whereby it might have become contaminated with filth. 
The flour was stored, after shipment, under insanitary conditions. Rodent 
pellets and urine stains were found on the bags and a portion of the bags had 
been gnawed by rodents. Examination of samples showed that the product 
contained rodent excreta and had been contaminated with rodent urine.
DISPOSITION: January 21, 1944. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed. On Febru- 
ary 23, 1944, the decree was amended to provide that the product be sold to the 
highest bidder and denatured for use as animal feed, under the supervision 
of the marshal.