21959. Adulteration of  apples.     U.   S.  v.   450  Baskets   of  Apples.     Consent
decree  of  condemnation.    Product  released under  bond  for  re- 
moval   of   deleterious   ingredients.     (F.  & D.  no.   31853.    Sample  no.
50502-A.)
This action involved an interstate shipment of apples that were found to bear 
arsenic and lead in amounts that might have rendered them injurious to 
health.
On December 30, 1933, the United States attorney for the Southern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 450 baskets of apples 
at Cincinnati, Ohio, consigned by J. J. Jackson & Son, from Middleport, N.Y., 
on or about December 23, 1933, alleging that the article had been shipped in 
interstate commerce from Middleport, N.Y., into the State of Ohio, and charging 
adulteration in violation of the Food and Drugs Act.
It was alleged in the libel that the article was adulterated in that it contained 
arsenic and lead, added poisonous or deleterious ingredients.
On January 2, 1934, Stephen Bender, Cincinnati, Ohio, claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation 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 $1,000, conditioned that it should not be 
disposed of in violation of the law. The deleterious ingredients were removed 
by washing.
M. L. WILSON, Acting Secretary of Agriculture.