20823. Adulteration of celery. 17. S. v. 340 Half Crates of Celery, et al. 
Decrees of condemnation entered. Portion of product released 
under bond for removal of arsenic.     Remainder destroyed.     (F. &
D. nos. 29767, 29780, 29781, 29807, 29834, 29848, 29857, 29869, 29870, 29871, 
29957. Sample nos. 14090-A, 16289-A, 16295-A, 16296-A, 16586-A, 16587-A, 
18884-A, 21166-A, 21467-A, 23980-A, 23991-A.)
These cases involved several shipments of celery that was found to bear 
arsenic in an amount that might have rendered it injurious to health.
On January 10, 1933, the United States attorney for the District of Nebraska, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court a libel praying seizure and condemnation of 340 half crates of celery 
at Omaha, Nebr. Between the dates of January 11 and January 28, 1933, 
the following libels also were filed: In the Western District of Oklahoma 
against 21 crates and 14 bundles of celery at Oklahoma City, Okla.; in the 
Southern District of Mississippi against 150 crates of celery at Jackson, Miss.; 
in the District of Massachusetts against 648 half crates of celery at Boston, 
Mass.; in the District of New Jersey against 324 half crates of celery at Jersey 
City, N.J.; in the Northern District of Texas against 1 carload of celery at 
Fort Worth, Tex.; in the District of Nebraska against 1 carload of celery at 
Grand Island, Nebr.; in the Northern District of Illinois against 324 crates of 
celery at Chicago, Ill.; in the Northern District of New York against 201 
crates of celery at Albany, N.Y., and in the Eastern District of Missouri against 
206 crates of celery at Hannibal, Mo. The libels charged that the article had 
been shipped by the H. P. Garin Co., in part from National City, Calif., and 
in part from Chula Vista, Calif., the shipments covering the period from 
December 20, 1932, to January 14, 1933, that it had been shipped in interstate 
commerce, and that it was adulterated in violation of the Food and Drugs 
Act. A portion of the article was labeled. " H. P. Garin Company, Growers & 
Shippers of California Vegetables, San Francisco, Cal."
The libels charged that the article was adulterated in that it contained an 
added poisonous or deleterious ingredient, arsenic, which might have rendered 
it injurious to health.
On January 12 and February 9, 1933, the H. P. Garin Co., Chula Vista, Calif., 
filed claims for the lot seized at Omaha, Nebr., and at Albany, N.Y., admitted the 
allegation of the libels, and consented to the entry of decrees. Judgments of 
condemnation and forfeiture were entered, and the court ordered that the celery 
be released under bond, conditioned that the arsenic be removed or the unfit 
portions segregated and destroyed. On January 12 and January 23,1933, decrees 
containing similar provisions were entered in the cases instituted at Oklahoma 
City and at Chicago, and the goods were released to the respective claimants, 
to be brought into compliance with the law by cleaning.
On January 25, 1933, the claimant having been unable to remove the arsenic 
from the celery released under bond at Omaha, Nebr., the product was ordered 
destroyed. On January 26 and January 28, 1933, the two carloads seized at 
Fort Worth, Tex., and Grand Island, Nebr., were condemned and destroyed with 
consent of the shipper. Defaults were entered against the. product seized at 
Boston, Mass., Jersey City, N.J., Hannibal, Mo., and Jackson, Miss., between the 
dates of January 25 and May 11, 1933, and it was ordered condemned and 
destroyed.
R. G. TUGWELL, Acting Secretary of Agriculture.