5978. Adulteration of peanuts.   TJ. S. v. 49 Unlabeled Bags of Peanuts.    Consent
decree of condemnation. Product ordered released under bond for segre- 
gation.    (F. D. C. No. 10933.   Sample No. 55440-F.)
LIBEL FILED :   October 16, 1943, Western District of Washington.
ALLEGED SHIPMENT :   On or about May 20, 1943, from Fort Gaines, Ga.
PRODUCT: 49 bags of peanuts in possession of the Old Yankee Syrup Co., Seattle, 
Wash.
VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a filthy substance by reason of the presence of live in- 
sects, webbing, excreta, and insect-damaged nuts; and, Section 402 (a) (4), 
in that it had been stored under insanitary conditions whereby it might have 
become contaminated with filth.
When examined in the storage room, moths and live pupae were observed 
on the outside of the bags, and larvae were crawling on a number of the bags. 
Rodent pellets were on and between the bags and on the floor. Frass from 
chewed peanuts and rodent pellets was lodged between some of the bags.
DISPOSITION : November 1,1943. Marco J. Magnano and Angelo C Magnano, do- 
ing business as the Old Yankee Syrup Co., appeared as claimants. Judgment 
of condemnation was entered and the product was ordered released under 
bond to be segregated under the supervision of the Food and Drug Adminis- 
tration. The unfit material was sorted out and denatured and the insanitary 
conditions were corrected.