20955. Adulteration of flour.   U. S. v. 97 Bags * * *.    (F. D. C No. 35505.
Sample No. 62746-L.)
LIBEL FILED:    September 21, 1953, Western District of Tennessee.
ALLEGED SHIPMENT:   On or about June 23, 1953, from Minneapolis, Minn.
PRODUCT:   97   100-pound bags of flour at Memphis, Tenn.
NATURE 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 insects.- 
The article was adulterated while held for sale after shipment in interstate 
commerce.
DISPOSITION : November 5, 1953. E. J. Seeman, Memphis, Tenn., claimant, hav- 
ing consented to the entry of a decree, judgment of condemnation was entered 
and the court ordered that the product be released under bond to be shipped 
to the Southern Laminating Co., Memphis, Tenn., for conversion by the claim- 
ant into glue, under the supervision of the Department of Health, Education, 
and Welfare.
Thereafter, it appeared that the claimant had violated the terms and condi- 
tions of the decree of condemnation of November 5, in that the claimant had 
delivered the product to Tri-State Veneer & Plywood, Inc., Memphis, Tenn., 
rather than to the Southern Laminating Co., and that in its location at Pro- 
state Veneer & Plywood, Inc., it was impracticable and virtually impossible for. 
the' denkturlng process to be supervised by a representative of the Depart- 
ment. It further appeared that part of the flour had been disposed of by Pro- 
state Veneer & Plywood, Inc. Accordingly, on November 18, 1953, the court 
entered an order modifying the decree of condemnation of November 5, to pro- 
vide for the surrender of such portion of the product to the United States 
marshal as remained in the possession of Tri-State Veneer & Plywood, Inc., 
or the claimant or any other person. - ,