12438. Adulteration of frozen cherries.    U. S. v. 29 Full Barrels of Frozen
Cherries. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 18776. I. S. No. 2975-v. S. No. 
E-4862.)
On June 6, 1924, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 29 full barrels of frozen cherries remaining in the original 
unbroken packages at Philadelphia, Pa., consigned by the New York Canning 
Crops Assoc, Rochester, N. Y., alleging that the article had been shipped from 
Rochester, N. Y., on or about April 3, 1924, and transported from the State of 
New York into the State of Pennsylvania, and charging adulteration in viola- 
tion of the food and drugs act. The article was labeled in part: (Tag on 
barrel) " Frozen Cherries Perishable Please Rush Delivery Keep In A Cool 
Place * * * From New York Canning Crops Cooperative Association, 
Inc.    *    *    *    Rochester, N. Y."
Adulteration of the article was alleged in the libel for the reason that it con- 
sisted in whole or in part of a filthy, decomposed, or putrid vegetable sub- 
stance.
On August 7, 1924, Thomas E. Wright having appeared as claimant for the 
property, 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 the costs of the proceedings and the execution of a bond in the sum 
of $1,000, in conformity with section 10 of the act, conditioned in part that 
it be reconditioned under the supervision of this department.
HOWARD M. GORE, Secretary of Agriculture.