tions of the libel, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to the claimant upon payment of costs and the execution of a good and sufficient bond, conditioned that it be brought up to the legal standard. M. L. WILSON, Acting Secretary of Agriculture. (F. 21324. Adulteration of apple butter. U. S. v. 76 Cases of Apple Butter. Default decree of condemnation, forfeiture, and destruction. & D. no. 29845. Sample no. 33024-A.) This case involved a shipment of apple butter that had been made from apples which were mouse-infested, as evidenced by the presence of mouse hairs and mouse skin with hair attached. On February 15, 1933, the United States attorney for the Western 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 76 cases of apple butter at Buffalo, N.Y., which had been consigned by Lutz & Schramm Co., from Pittsburgh, Pa., on or about January 26, 1933, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Apple Butter * Lusco Brand." It was alleged in the libel that the article was adulterated in that it consisted wholly or in part of a filthy vegetable substance. On July 5, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture. 21325. Adulteration and misbranding of butter. U. S. v. 23 Tubs of Butter. Consent decree of condemnation and forfeiture. Product released under bond to be reworked. (F. & D. no. 30706. Sample no. 40630-A.) This case involved a shipment of butter that contained less than 80 percent by weight of milk fat, the standard for butter established by Congress. On June 16, 1933, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 23 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on June 7, 1933, by the Cutler Creamery Co., from Cutler, Wis., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Cutler Creamery Butter." It was alleged in the libel that the article was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter, a product which should contain not less than 80 percent of milk fat as provided by the act of March 4, 1923. Misbranding was alleged for the reason that the article was labeled, “Butter", which was false and misleading, since it contained less than 80 percent of milk fat. On June 28, 1933, C. H. Weaver & Co., Chicago, Ill., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to the claimant to be reworked, upon payment of costs and the execution of a bond in the sum of $1,000, conditioned that it should not be sold or disposed of in violation of the Federal Food and Drugs Act and all other laws. M. L. WILSON, Acting Secretary of Agriculture. 21326. Adulteration of celery. Co.). Plea of guilty. 18476-A.) U. S. v. Elmer Hartner (Hartner Produce This case was based on an interstate shipment of celery that was found to bear arsenic and lead in amounts that might have rendered it injurious to health. On June 5, 1933, the United States attorney for the District of Colorado, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Eliner Hartner, trading as the Hartner Produce Co., Denver, Colo., alleging shipment by said defendant in violation of the Food and Drugs Act, on or about July 30, 1932, from the State of Colorado into the State of Texas, of a quantity of celery that was adulterated. It was alleged in the information that the article was adulterated in that It contained added poisonous and deleterious ingredients, arsenic and lead, in amounts that might have rendered it injurious to health. On July 7, 1933, the defendant entered a plea of guilty to the information, and the court imposed a fine of $25. M. L. WILSON, Acting Secretary of Agriculture. 21327. Adulteration and misbranding of butter. U. S. V. 4 Boxes of Butter. Default decree of condemnation. (F. & D. no. 30488. This case involved a shipment of butter, samples of which were found to contain less than 80 percent by weight of milk fat, the standard for butter established by act of Congress of March 4, 1923. On May 2, 1933, the United States attorney for the District of Columbia, acting upon a report by the Secretary of Agriculture, filed in the Supreme Court of the District of Columbia, holding a district court, a libel praying seizure and condemnation of four boxes of butter at Washington, D.C., alleging that the article had been shipped by the Sugar Creek Creamery Co., from Danville, Ill., on or about April 17, 1933, and had been transported from the State of Illinois into the District of Columbia, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Carton) "Sugar Creek Butter Sugar Creek Creamery Co. * * Danville, Ills.". * ** * It was alleged in the libel that the article was adulterated in that a substance deficient in butterfat had been substituted wholly or in part for the article, and had been mixed and packed with it so as to reduce, lower, or injuriously affect its quality and strength. Misbranding was alleged for the reason that the statement, "Butter", borne on the label, was false and misleading and deceived and misled the purchaser. Misbranding was alleged for the further reason that the article was offered for sale under the distinctive name of another article. On July 7, 1933, no claimant having appeared for the property, judgment of condemnation was entered, and it was ordered by the court that the product be disposed of in such manner as would not violate the provisions of the Federal Food and Drugs Act. M. L. WILSON, Acting Secretary of Agriculture. 21328. Adulteration and misbranding of rice. U. S. v. 350 Bags of Rice. Consent decree of condemnation and forfeiture. Product released under bond. (F. & D. no. 30476. Sample no. 23348-A.) This case involved a shipment of rice labeled, "Extra Fancy", which was found to be of a lower grade. On May 18, 1933, the United States attorney for the Western District of Washington, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 350 bags of rice at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about May 10, 1933, by the Rice Growers Association of California, from San Francisco, Calif., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Extra Fancy Japan Rice Daikoku Brand." It was alleged in the libel that the article was adulterated in that rice below the grade specified had been substituted for the article. Misbranding was alleged for the reason that the statement on the label, "Extra Fancy", was false and misleading and deceived and misled the purchaser. On July 7, 1933, the Rice Growers Association of California, claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to the claimant upon payment of costs and the execution of a bond in the sum of $1,500, conditioned that it be relabeled under the supervision of this Department. M. L. WILSON, Acting Secretary of Agriculture. 70549-34- 3 21329. Adulteration of apple pomace. U. S. v. 80 Bags of Apple Pomace. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 30431. Sample no. 28625-A.) This case involved an interstate shipment of apple pomace that bore arsenic and lead in amounts that might have rendered it injurious to health. On May 8, 1933, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 80 bags of apple pomace at Chicago, Ill., alleging that the article had been shipped on or about February 26, 1933, by Mr. Steffen & Co., from Coloma, Mich., and charging adulteration in violation of the Food and Drugs Act. It was alleged in the libel that the article was adulterated in that it contained added poisonous and deleterious ingredients, arsenic and lead, in amounts which might have rendered it injurious to health. On July 7, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture. 21330. Adulteration of apple chops. U. S. v. 325 Bags of Apple Chops. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 30425. Sample no. 28605-A.) This case involved an interstate shipment of apple chops that bore arsenic and lead in amounts that might have rendered them injurious to health. On May 8, 1933, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 325 bags of apple chops at Chicago, Ill., alleging that the article had been shipped on or about August 15, 1932, by the Ross Packing Co., from Selah, Wash., and charging adulteration in violation of the Food and Drugs Act. It was alleged in the libel that the article was adulterated in that it contained added poisonous and deleterious ingredients, arsenic and lead, in amounts which might have rendered it injurious to health. On July 24, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture. 21331. Adulteration of apple pomace. U. S. v. 450 Bags of Apple Pomace. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 30568. Sample no. 36610-A.) This case involved a shipment of apple pomace that contained lead in an amount that might have rendered it injurious to health. On June 8, 1933, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 450 bags of apple pomace at Chicago, Ill., alleging that the article had been shipped in interstate commerce on January 26, 1933, by the Finger Lakes Cider & Vinegar Co., from Penn Yan, N.Y., and charging adulteration in violation of the Food and Drugs Act. It was alleged in the libel that the article was adulterated in that it contained an added deleterious ingredient, lead, in an amount which might have rendered it injurious to health. On July 14, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture. 21332. Adulteration of apple pomace. U. S. v. 172 Bags of Apple Pomace. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 30502. Sample no. 41828-A.) This case involved a shipment of apple pomace that contained arsenic and lead in amounts that might have rendered it injurious to health. On May 23, 1933, the United States attorney for the Eastern District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 172 bags of apple pomace at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about May 19, 1933, by the Repp Orchard Products Co., from Glassboro, N.J., and charging adulteration in violation of the Food and Drugs Act. It was alleged in the libel that the article was adulterated in that it contained added poisonous and deleterious ingredients, arsenic and lead, which might have rendered it harmful to health. On July 5, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture. 21333. Adulteration of butter. U. S. v. 4 Tubs of Butter. Default decree of condemnation and forfeiture. Product delivered to a welfare organization. (F. & D. no. 30564. Sample no. 32439-A.) This case involved a shipment of butter that contained less than 80 percent by weight of milk fat. On May 6, 1933, 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 four tubs of butter at New York, N.Y., alleging that the article had been shipped in interstate commerce on or about April 25, 1933, by the Rolfe Creamery Co., from Rolfe, lowa, and charging adulteration in violation of the Food and Drugs Act. It was alleged in the libel that the article was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter, a product which should contain not less than 80 percent of milk fat as provided by the act of March 4, 1923. On July 26, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that as much of the product as was wholesome and fit for human consumption be delivered to a welfare organization. M. L. WILSON, Acting Secretary of Agriculture. 21334. Misbranding of canned grapefruit juice. U. S. v. 91 Cases of Canned Grapefruit Juice. Consent decree of condemnation and forfeiture. Product released under bond to be relabeled. (F & D. no. 30585. Sample no. 32016-A.) This case involved a shipment of canned grapefruit juice, sample cans of which were found to contain less than the declared volume. On June 12, 1933, 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 914 cases of canned grapefruit juice at New York, N.Y., alleging that the article had been shipped on or about January 17, 1933, by the Scoville Canning Co., Inc., from Tampa, Fla., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Cans) "Double H. H. Brand Sweetened Grapefruit Juice Contents 3 Pints 8 Fl. Ounces * * Packed by Scoville Canning Company, Inc., * Wampa and Avon Park, Fla." * * It was alleged in the libel that the article was misbranded in that the statement, "Contents 3 Pints 8 Fl. Ounces", was false and misleading and deceived and misled the purchaser. Misbranding was alleged for the further reason that the article was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package, since the statement made was not correct. On July 14, 1933, Scoville Canning Co., Inc., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to the said claimant upon payment of costs and the execution of a bond in the sum of $500, conditioned in part that the original labels be removed from the cans and a label bearing the statement, "Contents 1 qt. 1 pt. 11⁄2 fl. oz.", be affixed thereto. M. L. WILSON, Acting Secretary of Agriculture. 21335. Misbranding of macaroni. U. S. v. 28 Cases of Macaroni. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 30574. Sample no. 41827-A.) This case involved a shipment of macaroni in packages that were not labeled, as required by law, with a plain and conspicuous statement of the quantity of the contents. The statement of weight appeared in an obscure fashion on a panel of the label that would not be used for display purposes. On June 9, 1933, the United States attorney for the Eastern District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 28 cases of macaroni at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about April 27 and May 8, 1933, by the Ronzoni Macaroni Co., Inc., from Long Island City, N.Y., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Ronzoni Pasta Alimentaire ** Net Weight Fifteen Ounces. * Ronzoni Macaroni Co., Inc., Long Island City, N.Y." It was alleged in the libel that the article was misbranded in that the quantity of the contents was not plainly and conspicuously marked on the outside of the package. On July 5, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture. 21336. Adulteration of butter. U. S. v. 12 Tubs of Butter. Consent decree of condemnation and forfeiture. Product released under bond. (F. & D. no. 30705. Sample no. 40628-A.) This case involved a shipment of butter that contained less than 80 percent by weight of milk fat, the standard for butter established by Congress. On June 16, 1933, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 12 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on June 6, 1933, by the A. F. Schultz Creamery Co., from Antigo, Wis., and charging adulteration in violation of the Food and Drugs Act. It was alleged in the libel that the article was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter, a product which should contain not less than 80 percent of milk fat as provided by the act of March 4, 1923. On June 20, 1933, the Peter Fox Sons Co., Chicago, Ill., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to the said claimant to be reworked, upon payment of costs and the execution of a bond in the sum of $500, conditioned that it should not be sold or otherwise disposed of in violation of the Federal Food and Drugs Act and all other laws. M. L. WILSON, Acting Secretary of Agriculture. 21337. Misbranding of olive oil. U. S. v. 24 Cases and 5 Cases of Olive Oil. Decree of condemnation and forfeiture. Product released under bond. (F. & D. no. 30666. Sample no. 39757-A, 39758-A.) This case involved a shipment of olive oil, sample cans of which were found to contain less than the volume declared on the label. On June 26, 1933, the United States attorney for the District of Massachusetts, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 29 cases of olive oil at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about May 29, 1933, by M. Thomas Marcello, from Providence, R.I., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Cans) "One Gallon [or “One Half Gallon"] Liguria Brand Pure Olive Oil Liguria Olive Oil Company." It was alleged in the libel that the article was misbranded in that the statements, "One Gallon" and "One Half Gallon ", borne on the labels, were false and misleading and deceived and misled the purchaser. Misbranding was alleged for the further reason that the article was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the packages, since the statement made was incorrect. On July 6, 1933, M. Thomas Marcello, Cranston, R.I., having appeared as claimant for the property and having admitted the allegations of the libel, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to the claimant upon payment of costs and the deposit of a cash bond in the sum of $100, conditioned that the product should not be sold or disposed of contrary to the provisions of the Federal Food |