19665. Adulteration of frozen eggs. U. S. v. 814 Cans * * *.   (F; D. C. No. 33001.
Sample No.966fcL.)
LIBEL FILED : April 4, 1952, Northern District of Illinois; amended libel filed 
November 24,1952.
ALLEGED SHIPMENT:   On or about March 3, 1952, by Dick's Produce Co., from
,; Colfax, Iowa. 
PRODUCT:   814   30-pound cans of frozen eggs at Chicago, Ill.
N4TXJBE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a filthy substance by reason of the presence of addedegg 
whites salvaged by a process which contaminated them with manure and dirt
from Shells.   „~.;;vv:/.       ]-i:j--/'. 
. 
:¦:>•:
DISPOSITION : M. E. Hammer, receiver for Dick's Produce Co., appeared as claim- 
ant ant and filed an answer denying that the product was adulterated as alleged 
in the libel. Thereafter, upon motion of the claimant, ah order was entered 
on October 6, 1952, directing that the Food and Drug Administration furnish 
itovthe claimant copieSfOf all reports relating to inspections, examinations^ and 
laboratory and chemical tests made with respect to the product involved in 
the libel.    ,. 
,,;..„..    . 
.   
,;   .¦ ..,
On November 24,1952, an order was entered dismissing the action as to all 
portions of the.product except that bearing code No. 059, and an amended 
libel was filed against 190 cans of eggs comprising that code. On February 
iC 1953,: the claimant having consented to the entry of a decree against the 
179 cans of the product actually seized under the amended libel, judgment of 
condemnation was entered and the court ordered that the product be released 
under bond for segregation and destruction of the unfit portion.
As a result of the segregation operations, 151 cans of the product were found 
'to be good and were released to the claimant and 28 cans were found unfit 
and were destroyed.