30270. Adulteration of frozen whole eggs.    U. S. v. 100 Cans of Frozen Whole
Eggs.    Default decree of condemnation and destruction.     (F. & D.  No.
44561.    Sample No. 12135-D.)
This product, which had been shipped in interstate commerce and remained 
unsold and in the original unbroken packages, at the time of examination 
was found to be in whole or in part decomposed.
On December 22, 1938, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 100 cans of 
frozen eggs at New York, N. Y., in warehouse stored for the account of O. G. 
Harp Poultry & Egg Co., Shawnee, Okla.; alleging that the article had been 
shipped on or about October 15, 1938, by Manhattan Egg Co. from Jersey City, 
N. J.; and charging adulteration in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that it consisted in whole or in 
part of a decomposed animal substance.
On February 17, 1939, default having been theretofore entered and the 
O. G. Harp Poultry & Egg Co., having secured an order for opening its default 
and for leave to file an owner's claim, but having failed to file such claim and 
stipulation for costs, judgment of condemnation was entered and the product 
was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.