15364. Adulteration of  flgrs.     U.   S.  v.  3.330  Boxes   of  Dried  Figs.     Tried  to
the court and a jury. Verdict for the Government. Decree of 
condemnation and forfeiture entered. Product released under 
bond.     (F. & D. No. 21884      I. S. No. 13782-x,     S. No. E-6108 )
On April 30, 1927, 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 praying seizure and 
; condemnation of 3,320 boxes of dried figs, remaining in the original unbroken 
} packages at New York, N. Y., alleging that the article had been shipped by 
i Rosenberg Bros. & Co., from San Francisco, Calif., on or about March 8, 1927, 
! and transported from the State of California into the State of New York, 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 con- 
\ sisted in whole or in part of a filthy, decomposed, or putrid vegetable substance, 
't to wit, wormy, moldy, filthy, sour, and bird pecked figs
| On July 11, 1927, Wm. A Higgins & Co., Inc., New York, N. Y., having 
| appeared as claimant for the property, the case came on for trial before the 
I court and a jury. By direction of the court the jury returned a verdict for 
I the Government. On August 27, 1927, a decree of condemnation and forfeiture 
I -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 execu- 
tion of a bond in the sum of $5,000, conditioned in part that it be labeled 
"Not for Human Consumption," and should not be used for human consump- 
tion or for purposes other than the distillation of alcohol, manufacture of 
tobacco, or use as hog feed.
\
R. W. DUNLAP, Acting Secretary of Agriculture.