46^7. Adulteration of evaporated apples. XJ. S. * * * v. 198 Cases oi!?
Evaporated Apples. Consent decree of condemnation and forfeiture.?
A portion of the product ordered destroyed; balance ordered released?
on bond. Product subsequently destroyed. (F. & D. No. 7124. I. S. Nos.?
2624-1, 2627-1.    S. No. E-503.)
On December 15,. 1915, the United States attorney for the District of New?
Jersey, 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 con??
demnation of 198 cases of evaporated apples, remaining, unsold in the original?
unbroken packages at Jersey City, N. J,,, alleging that the article had been?
shipped, on or about November 19, 1915, by L. S. Town, North Rose-, N. Y., and?
transported from the State of New York into the State of New Jersey, and?
charging, adulteration in violation of the Food and. Drugs Act.. The article was?
labeled: "25. lbs. net Evaporated Apples Selection Packed by L. S. Town,?
Rose,- Wayne Co. N.. Y. U... S.. A"
It was alleged in the libel that the product purported to be good commercial?
evaporated apples,, whereas,, in truth, and in fact,, it was nofc? hut was- adulterated?
within the meaning of the Food and Drugs Act in that a: substance-,, to^ wit,?
water,, had been mixed and. packed therewith so- as to reduce and lower and?
injuriously affect the quality and strength thereof; and for the further reason?
that a substance, to wit, water, had been substituted, wholly or in part, for?
evaporated apples.
On February 17, 1916, L. S. Town, claimant, having consented thereto, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the article should be delivered to said claimant upon payment of the?
costs of the proceedings and the execution of bond in the sum of $500, in con??
formity with section 10 of the act, conditioned, in part, that the product should?
be examined at the time of release by a representative-of the Bureau of Chem??
istry, and that the portion of the same found upon the examination to be fer??
mented should be destroyed, and the portion which was unfermented should be?
processed and the excessive moisture removed therefrom before being sold, or?
disposed of, or permitted to go forward into interstate commerce after the re??
moval of said moisture. The conditions of the court's decree were not complied?
with, and the entire product subsequently was destroyed.
CARL VKOOMAN, Acting Secretary of Agriculture.
256	
BTJKEAU   OF   CHEMISTRY.	
[Supplement 24.