19113. Adulteration  and  Misbranding of  apples.    V.   S.  v.   ISO  Barrels   of
Apples. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 27237. I. S. No. 37571. S. No. 
5418.)
Arsenic and lead having been found on samples of apples taken from the 
shipment herein described, the Secretary of Agriculture reported the matter 
to the United States attorney for the District of Maryland.
On November 12, 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 180 barrels of apples, remaining in the original unbroken pack- 
ages at Baltimore, Md., alleging that the article had been shipped by J. G. 
Maples from Tabler, W. Va., on or about November 5, 1931, and had been trans- 
ported from the State of West Virginia into the State of Maryland, and 
charging adulteration and misbranding in violation of the food and drugs act 
as amended. The article was labeled in part: "The Associated Orchards, 
Martinsburg, W. Va., J. G. Maples, Sales Manager * * * Peter Rabbit 
Brand York Imperials."
It was alleged in the libel that the article was adulterated for the reason 
that it contained added poisonous or deleterious ingredients, to wit, arsenic 
and lead, which might have rendered the article harmful to health.
Misbranding was alleged for the reason that the article was in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package.
On November 14, 1931, the Associated Orchards, Martinsburg, W. Va., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be 
released to the said claimant for washing and relabeling under the supervision 
of this department, upon payment of costs and the execution of a bond in the 
sum of $850, conditioned that the apples should not be sold or disposed of 
contrary to the provisions of the food and drugs act or the laws of any State 
Territory, district, or insular possession.
ABTHUB M. HYDE, Secretary of Agriculture.