10338. Adulteration of yellow mustard seed.    U. S. v. 284 Bags of Yellow Mustard
Seed. Consent decree of condemnation. Product ordered released 
under bond.    (F. D. C. No. 17543.    Sample No. 9832-H.)
LIBEL FILED :   February 25,1946, Western District of New York.
ALLEGED SHIPMENT :   On or about February 8,1945, from Conrad, Mont.
PRODUCT: 284 100-pound bags of yellow mustard seed at Buffalo, N. Y., in 
possession of the Merchants Refrigerating Co. (Terminal and Transportation 
Warehouse). The product was stored under Insanitary conditions after ship- 
ment. Some of the bags were rodent-gnawed, and rodent excreta and urine 
stains were observed on them. Examination showed that the product con- 
tained rodent excreta.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a filthy substance; and, Section 402 (a) (4), it had been held 
under insanitary conditions whereby it may have become contaminated with 
filth.
DISPOSITION : June 6,1946. The Merchants Refrigerating Co., claimant, having 
consented to the- entry of a decree, judgment of condemnation was entered and 
the product was ordered released under bond for the purpose of bringing it 
into compliance with the law by segregating the good from the bad, destroying 
the part that was bad, and reconditioning the part that may be made good, 
under the supervision of the Food and Drug Administration.