18783. Adulteration of dried prunes.    U. S. v. 1,200 Boxes, et al., of Prunes.
Consent decrees of condemnation and forfeiture. Product re- 
leased nnder bond. (P. & D. Nos. 26116, 26117. I. S. Nos. 11087, 11088. 
11089, 11090.    S. Nos. 4299, 4300.)
The dried prunes in the shipments herein described having been found to 
contain inseet-infested, bin-spoiled, lye-injured, and brown-rot-infected fruit, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Eastern District of New York, 
(
On March 27, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid libels praying seizure and con- 
demnation of 5.817 cases of dried prunes, remaining in the .original packages at 
Brooklyn, N. Y., alleging that the article had been shipped by J. C. Tracy & Co., 
from Portland, Oreg., in part on or about February 17, 1931, and in part on or 
about February 23, 1931, in interstate commerce into the State of New York, 
and charging adulteration in violation of the food and drugs act. The article 
was labeled in part: " Oregon Prunes Web Foot Brand Packed by J. C. Tracy 
& Co , Dallas, Oregon."
It was alleged in the libels that the article was adulterated in that it consisted 
in whole or in part of a filthy, decomposed, and putrid vegetable substance.
On or about May 20, May 29, June 5, and June 9, 1931, J. C. Tracy & Co., 
claimant, having admitted the allegations of the libels and having consented to 
the entry of decrees, judgments of condemnation and forfeiture were entered, 
and it was ordered by the court that the product be released to the said 
claimant upon payment of costs and the execution of bonds totaling $11,200, 
conditioned 'in part that it be wiped, washed, or otherwise treated, in such
manner as would insure the removal of all substances contained thereon, so it 
comply with the requirements of the Federal food and drugs act, and all laws 
relating thereto. It was further ordered by the court that the product should 
not be disposed of for human consumption until inspected by a representative 
of this department and pronounced in compliance with the law and that the 
rejected portion or all, if.the reconditioning be unsatisfactory, he destroyed.
ARTHUR M. HYDE, Secretary of Agriculture.