22544. Adulteration of apples.    U.-S.  v.  121 Boxes  of Apples.    Decree  of
condemnation.     Product  released under bond.     (F.  & D. no. 32633. 
Sample no. 48764.)
This case involved a shipment of apples which were found to bear arsenic 
and lead in amounts that might have rendered them injurious to health.
On April 9, 1934, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 121 boxes of apples 
at Los Angeles, Calif., alleging that the article had been shipped in interstate 
commerce, on or about March 30, 1934, by the Olympic Warehouse & Cold 
Storage Co., from Seattle, Wash., and charging adulteration in violation of 
the Food and Drugs Act. The article was labeled in part: " Fancy Delicious 
D. S. Gamble, Brewster, Wash."
It was alleged in the libel that the article was adulterated in that it contained 
arsenic and lead, added poisonous or deleterious ingredients, which might have 
rendered the apples injurious to health.
On May 11, 1934, A. H. Holmes, trading as the Holmes Produce Co., Los 
Angeles, Calif., claimant, having admitted the allegations of the libel, judgment 
of condemnation was entered and it was ordered by the court that the product 
be released to the claimant upon the execution of a bond in the sum of $250, 
conditioned that it be brought into conformity with the law under the super- 
vision of this Department. On May 24, 1934, the product having been recon- 
ditioned, final decree was entered making the release permanent and ordering 
the bond exonerated upon payment of costs.
M. L. WILSON, Acting Secretary of Agriculture.