28039. Adulteration of apples.     IT.  S. v. 354 and 205 Bushel Boxes of Apples.
Consent decrees of condemnation. Product released under bond for re- 
washing:. (F. & D. Nos. 40735, 40848. Sample Nos. 54872-C, 54874-C, 
54877-C.)
A portion of this product was contaminated with lead and the remainder 
with arsenic and lead.
On November 1 and 4, 1937, the United States attorney for the District of 
Rhode Island, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 559 boxes of apples 
at Providence, R. I., consigned during the month of September 1937, alleging 
that the article had been shipped in interstate commerce by the Empire Fruit & 
Produce Co. from New Bedford, Mass., and charging adulteration in violation 
of the Food and Drugs Act. The apples in one shipment were labeled: (Sten- 
cil) "Grown and Packed by Ernest L. Maxim, Middleboro, Mass."
The apples were alleged to be adulterated in that a portion contained lead 
and the remainder contained arsenic and lead, added poisonous or deleterious 
ingredients, which might have rendered them harmful to health.
On December 15, 1937, the Empire Fruit & Produce Co., New Bedford, Mass., 
claimant, having admitted the allegations of the libels and having consented to ( 
the entry of decrees, judgments of condemnation were entered and the product v 
was ordered released under bond conditioned that the apples be rewashed.
HARRY L. BEOWN, Acting Secretary of Agriculture.