23365. Adulteration of   apples.     TJ.   S.   v.   50   Bushels   and  267   Bushels   of
Apples.    Consent decree of condemnation.    Product released un- 
der  bond,  conditioned   that   deleterious   substances   be   removed.
(F. & D. nos. 34125, 34357.    Sample nos. 13735-B, 13736-B, and 19183-B.)
Examination of the apples involved in these cases showed the presence of 
arsenic and lead spray residue in amounts that might have rendered them 
injurious to health.
On or about September 29 and October 8, 1934, the United States attorney for 
the Northern District of Illinois, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 317 
bushels of apples at Chicago, Ill., alleging that the article had been shipped in 
interstate commerce on or about September 19 and 21, 1934, by L. A. Spencer, 
from South Haven, Mich., and charging adulteration in violation of the Food and 
Drugs Act. The article was labeled in part: " Packed by L. A. Spencer So. 
Haven, [or "Kibbie"] Mich."
The article was alleged to be adulterated in that it contained added poison- 
ous or deleterious ingredients, arsenic and lead, in amounts that might have 
rendered it injurious to health.
On November 8, 1934, the two cases having been consolidated, and William 
J. Ellis & Co., Chicago, Ill., claimant, having admitted the allegations of the 
libel and consented to the entry of a decree, judgment of condemnation was 
entered, and it was ordered that the product be released to the claimant under 
bond, conditioned that the spray residue be removed.
M. L. WILSON, Acting Secretary of Agriculture.