21067. Adulteration of apple pomace. U. S. v. 500 Bass, et al., of Apple 
Pomace.      Default    decrees    of    condemnation    and    destruction.
(F.  & D.  nos. 30097,  30365,  30387, 30472.    Sample nos.  28578-A,  28579-A, 
3232D-A, 34796-A.)
These cases involved various interstate shipments of apple pomace found to 
contain lead, or arsenic and lead, in amounts which might have rendered it 
injurious to health.
On April 17 and April 28, 1933, the United States attorney for the Northern 
District of Illinois, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 1,000 bags of 
apple pomace at Chicago, Ill. On May 2, 1933, a libel was filed in the Western 
District of Pennsylvania against 12 bags of dried apple pomace at Pittsburgh, 
Pa., and on May, 17, 1933, a libel was filed in the District of New Jersey 
against 300 bags,of apple pomace at Hillside, N.J. It was alleged in the libels 
that the article had been shipped in interstate commerce by the Duffy-Mott 
Co., Inc., from Holley, N.Y., and Ravena, N.Y.; that the shipments into the- 
State of Ilinnqis lad been made on or about September 4, 1931, and January 
28, 1933; that.the shipments into the States of Pennsylvania and New Jersey 
had been made on or about March 11, and March 22, 1933, respectively, and 
that the article was adulterated in violation of the Food and Drugs Act.
The libels charged that the article was adulterated in that it contained 
added poisonous and deleterious ingredients, namely, lead, in one of the ship- 
ments, and arsenic and lead in the remaining lots, which ingredients might 
have rendered it injurious to health.
On June 15, June 16, and June 22, 1933, no claimant having appeared for 
the property, judgments of condemnation were entered and the court ordered 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.