21406. Adulteration of   blueberries.     U.   S.  v.  40   Crates,   et   al.,   of  BlueŽ
berries. Default decrees of condemnation, forfeiture, and de- 
struction. (F. & D. nos. 31105, 31106, 31107, 31119, 31120, 31121, .31138, 
31141, 31172. Sample nos. 42515-A, 42518-A, 43277-A, 43278-A, 43281-A, 
43656-A, 43657-A, 43658-A, 45972-A.) 
i
These cases involved interstate shipments of blueberries which were found 
to be infested with maggots.
On September 1 and September 5, 1933, the United States attorney for the 
Southern District of New York, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 
289 crates of blueberries at New York, N.Y. On September 1 and September 2, 
1933, libels were filed in the Northern District of Ohio against 15 crates of 
blueberries at Cleveland, Ohio, and on September 8, 1933, a libel was filed in 
the Northern District of Illinois against 19 cases of blueberries at Chicago, 
111. It was alleged in the libels that the article had been shipped in interstate 
commerce by W. C. Robinson, from Harrington, Maine, between the dates of 
August 29 and August 31, 1933, and that it was adulterated in violation of the 
Food and Drugs Act.
The libels filed in the Southern District of New York and the Northern Dis- 
trict of Ohio charged that the article was adulterated in that it consisted 
in whole or in part of a filthy, decomposed, and putrid vegetable substance. 
Adulteration was alleged in' the libel filed in the Northern District of Illinois 
for the reason that the article consisted in whole or in part of a filthy animal 
substance.
On September 15, September 28, October 9, and October 13, 1933, no claimant 
having appeared for the property, judgments of condemnation and forfeiture 
were 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.