18270. Adulteration and Misbranding of hickory nuts.    U. S. v. 290 Bags of
Hickory Nuts. Allegations of libel admitted by claimant. Prod- 
uct released under bond to be reconditioned. (F. & D. No. 25827. 
I.  S. No. 641.    S. No. 3938.)
Samples of hickory nuts from the shipment herein described having been 
found to be wormy, moldy, shriveled, and rancid, the Secretary of Agriculture 
reported the matter to the United States attorney for the Southern District of 
California.
On January 28, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 290 bags of hickory nuts, remaining in the original unbroken 
packages at Los Angeles, Calif., alleging that the article had been shipped 
from Denver, Colo., on or about January 13, 1931, and had been transported 
from the State of Colorado into the State of California, and charging adultera- 
tion and misbranding in violation of the food and drugs act. The article was 
unlabeled.
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a filthy, decomposed, and putrid vegetable substance.
Misbranding was alleged for the reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously- 
marked on the outside of the package.
The Alex Woldert Co., Tyler, Tex., entered an appearance as claimant, repre- 
senting that it was the owner of the property, which had been shipped by 
claimant to the Charles L. Kraft Mercantile Co., Denver. Colo., who in turn 
shipped it to Los Angeles. Claimant further admitted all allegations of the 
libel and prayed release of the product upon filing bond and payment of costs 
of the proceedings and of reconditioning the goods under the supervision of this 
department. On April 20, 1931, bond having been filed by claimant in the sum 
of $1,000, the court ordered that the product be released for reconditioning. 
On May 25, 1931, the product having been sorted and the bad nuts destroyed, it 
was ordered that release be made permanent and the bond exonerated upon 
payment of all costs.
AETHUE M. HYDE, Secretary of Agriculture.