19021. Adulteration of  apples.    V.   S.  v.   125  Bushels   of   Apples.     Default
decree   of   condemnation   entered.    Product   destroyed.     (F.   &   D.
No. 27063.    I. S. No. 39116.    S. No. 5310.)
Lead arsenate having been found on samples of apples taken from the ship- 
ment herein described, the Secretary of Agriculture reported the matter to the 
United States attorney for the Western District of Pennsylvania.
On October 10, 1931, 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 125 bushels of apples, remaining in the original unbroken packages 
at Pittsburgh, Pa., alleging that the article had been shipped by the American 
Fruit Growers (Inc.), from Youngstown, N. Y., on or about September 29, 1931, 
and had been transported from the State of New York into the State of Penn- - 
sylvania, 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 contained 
an added poisonous or deleterious ingredient, lead arsenate, which might have 
rendered it injurious to health.
On November 10, 1931, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be destroyed by the United States marshal or delivered to a private 
benevolent organization of Pittsburgh. Objection having been made by a repre- 
sentative of this department to the release of the apples without provision being 
first made to insure the removal of the lead arsenate before their use, the 
marshal destroyed the product.
ARTHTJB M. HYDE, Secretary of Agriculture.