15658.?Adulteration   of   eanned , enerries.    TJ.   S.   v.   375   Cases   of   Canned
Cherries. Consent decree of condemnation and forfeiture.?
Product released under bond.     (F. & D. No. 22389.    I. S. No. 2949-x.
S. No. 430.)
On January 21, 1928, the United States attorney for the District of Kansas,?
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 375 cases of canned cherries at Kansas City, Kans., alleging that the articles?
Iiad been shipped by the Fredonia Preserving Co., from Fredonia, N. Y., on or?
about August 9, 1927, and transported from the State of New York into the?
State of Kansas, and charging adulteration in violation of the food and drugs?
act. The article was labeled in part: "Chautauqua Lake Brand Red Pitted?
Cherries,    *    *    *    Packed by F*redonia Preserving Co. Fredonia, N. Y."
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, and putrid vegetable substance.
On April 12, 1928, the Fredonia Preserving Co., Fredonia, N. Y., having ap??
peared as claimant for the property and having consented to the entry of a?
decree,  judgment  of condemnation  and  forfeiture was  entered,  and it wast
340	
FOOD
AND  DRUGS  ACT	
iN.'J.,F.D.
ordered by the court that the product be released to the said claimant upun?
payment of the costs of the proceedings and the execution of a bond in the sum?
of $2,000, conditioned in part that it be salvaged and all the decomposed cherries?
be removed and destroyed, under the supervision of this department.
W. M. JAKMNE, Secretary of Agriculture,