9232. Adulteration of plain flour, rye flour, and crushed -wheat.   U. S. v. 26 Bass
of Pastry Flour (and 2 other seizure actions against flour, rye flour, 
and crushed wheat). Decrees of condemnation. Portion of products 
ordered delivered to a public institution; remainder ordered released 
under bond. (F. D. C. Nos. 18577 to 18579, incl. Sample Nos. 36484-H, to 
36487-H, incl.)
LIBEL FILED :   December 18,1945, Western District of Washington.
ALLEGED SHIPMENT: On or about November 7, 1944, from Pendleton, Oreg.,and 
between the approximate dates of April 16 and August 24, 1945, from Minne- 
apolis, Minn., and Billings, Mont.
PRODUCT: 31 100-pound bags of crushed wheat, 66 100-pound bags of plain 
flour, 319 100-pound bags of rye flour, and 26 100-pound bags of pastry flour 
at Seattle, Wash., in the possession of the American Warehouse. The product 
had been stored under insanitary conditions after shipment. Some of the bags 
had been gnawed by rats, and examination showed that a portion of the products 
contained rodent excreta and larvae, and that the remainder contained beetles 
and larvae.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the articles consisted in 
whole or in part of filthy substances; and, Section 402 (a) (4), they had been 
stored under insanitary conditions whereby they may have become contami- 
nated with filth.
DISPOSITION : On April 4,1946, no claimant having appeared for the pastry flour, 
judgment of condemnation was entered and the marshal was ordered to de- 
stroy the product by delivering it to a Federal prison. The Lucas Flour Co., 
Seattle, Wash., claimant of the rye flour, and the Russell-Miller Milling Co., 
Billings, Mont., claimant of the lot of crushed wheat and plain flour, having 
consented to the entry of decrees, judgments of condemnation were entered 
on December 28, 1945, and January 22, 1946, respectively, and the products 
were ordered released under bond. The fit portion of the rye flour was ordered 
segregated from the unfit portion, and the crushed wheat and plain flour 
were ordered converted into stock feed. It was further ordered that the 
Federal Security Agency supervise the disposition of the released goods.