18111. Adulteration   and   Misbranding of   apples.     17.   S.   v.   616   Boxes   of
Rome Beauty Apples. _ Consent decree of condemnation and for- 
feiture. Product released under bond. (P. & D. No. 25552. I. S. No. 
12058.    S. No. 3846.)
Arsenic trioxide having been found on the apples from the shipment herein 
described, and investigation having shown that the quantity of the contents 
was inconspicuously stated on the labels of the boxes, the Secretary of Agri- 
culture reported the matter to the United States attorney for the District of 
Colorado.
On December 26, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 616 boxes of Rome Beauty apples, remaining in the original un- 
broken packages at Pueblo, Colo., consigned by the Fruit Exchange, Booth, 
Utah, alleging that the article had been shipped from Booth, Utah, on or 
about November 1, 1930, and had been transported from the State of Utah into 
the State of Colorado, and charging adulteration and misbranding in violation 
of the fO0d and drugs act as amended. The article was labeled in part: " Wyno 
Brand Apples, not less than 44 lbs. net weight when packed. Packed and dis- 
tributed by J. O. White, Salt Lake City." The statement of the quantity of 
the contents was very inconspicuous.
It was alleged in the libel that the article was adulterated in that it con- 
tained added poisonous ingredients, namely, arsenic and lead, which might have 
rendered it injurious to health.
Misbranding was alleged for the reason that the article was food in pack- 
age form and failed to bear a plain and conspicuous statement of the quantity 
of the contents.
On January 29, 1931, the Continental Grocery Corporation (Ltd.), a Dela- 
ware corporation, claimant, having admitted the allegations of the libel and 
having consented to the entry of a decree, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be re- 
leased to the said claimant upon payment of costs and the execution of a bond 
in the sum of $1,000, conditioned in part that it be washed and reconditioned 
under the supervision of this department, and should not be disposed of con- 
trary to law.
AKTHUB M. HTDB, Secretary of Agriculture.