20675. Adulteration of mixed nuts.    IT. S. v. 90 Cartons of mixed Nuts,    Con¬
sent decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. no. 29610.    Sample no. 26537-A.)
This action involved an interstate shipment of mixed nuts. The Brazil nuts 
in the mixture were found to be in part worm-eaten, moldy, rancid, and 
decomposed.
On December 8, 1932, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme Court 
of the District of Columbia, holding a District Court, a libel praying seizure 
and condemnation of 90 cartons, each containing 25 pounds of mixed nuts, re- 
maining in the original unbroken packages at Washington, D. C, alleging that 
the article had been shipped on or about November 21, 1932, by the Graham Co., 
Inc., from New York, N. Y., to Washington, D. C, and charging adulteration in 
violation of the Food and Drugs Act. The article was labeled in part: (Carton) 
"The Graham Brand Mixed Nuts The Mixture of No Apologies Native and 
Foreign Nuts."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed and filthy vegetable substance.
On December 13, 1932, the Graham Co., New York, N. Y., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon payment 
of costs and the execution of a bond in the sum of $500, conditioned that it 
should not be sold or disposed of contrary to the provisions of the Federal Food 
and Drugs Act and all other laws. In accordance with the decree permitting 
release, the lot was hand picked and four bags of approximately 400 pounds of 
Brazil nuts were destroyed.
R. G. TTJGWELL, Acting Secretary of Agriculture.