4587. Adulteration of horse beans.- TI. S. v. 707 Sacks of Horse Beans.?
Consent decree of condemnation and forfeiture. Product ordered?
released on bond.     (F. & D. No. 6888.    I. S. No. 2515-1.     S. No. E-405.)   .
On October 4, 1915, 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 of the United States for said district a libel for the seizure and?
condemnation of 707 sacks of horse beans, remaining unsold in the original un??
broken packages at New York, N. Y., alleging that the article had been shipped,?
on or about September 27, 1915, and transported from the State of California?
into the State of New York, and charging adulteration in violation of the Pood?
and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that it con??
sisted in particular [part] of a wormy, filthy, decomposed vegetable product, to?
wit, worm-infested beans, contrary t>o the provisions of section 7, subdivision?
6 under food, of the said Food and Drugs Act.
On October 25, 1915, James Chieves & Co., New York, N. Y., claimant, having?
admitted the truth of the allegations of the libel and consented to a decree,?
judgment of condemnation and forfeiture was entered, and it was ordered by?
the court that the product should be redelivered to said claimant upon payment?
of the costs of the proceedings and the execution of bond in the sum of $2,000,?
in conformity With section 10 of the act, conditioned that the goods should, after?
their release to said claimant, be sorted out under the supervision of the Depart??
ments Agriculture, and so much of the merchandise as should be found by said?
department to be unfit for food should be destroyed (or denatured) at the?
expense of said claimant, and the balance thereof to be disposed of according?
to law.
CABL VEOOMAN, Acting Secretary of Agriculture.
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