21090. Adulteration of apples.    U. S. v. SI Boxes of Winesap Apples.    De¬
fault decree of condemnation, forfeiture, and destruction.    (F. &
D. no. 30441.    Sample no. 36103-A.)
This case involved an interstate shipment of apples which bore arsenic 
and lead in amounts which might have rendered them injurious to health.
On April 11, 1933, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 31 boxes of apples at Colorado 
Springs, Colo., consigned by the Herman Ranch, Utahco, Wash., alleging that 
the article had been shipped in interstate commerce, on or about February 20, 
1933, from Toppenish, Wash., and charging adulteration in violation of the 
Food and Drugs Act. The article was labeled in part: " Harvest Moon Brand 
Yakima Valley Fruit * * * C. F. Schaefer Company, Packers, Distributors, 
Yakima, Washington."
It was alleged in the libel that the article was adulterated in that it con- 
tained added poisonous or deleterious ingredients, arsenic and lead, which 
might have rendered it injurious to health.
On May 19, 1933, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.