28785. Misbranding of apples.    IT. S. v. 600, 500, 900, 110, and 30 Baskets of
Apples. Decree of condemnation. Product released under bond for re- 
labeling. (F. & D. Nos. 40943 to 40946, incl. Sample Nos. 66421-C to 
66424-C, incl.)
This product fell below the grades declared on the baskets because of excessive 
defects.
On or about November 30, 1937, the United States attorney for the Northern 
District of West Virginia, acting upon a report by the Secretary of Agricul- 
ture, filed in the district court a libel praying seizure and condemnation of 
2,140 baskets of apples at Tabler, W. Va., alleging that the article had been 
shipped in interstate commerce between September 1, 1937, and October 25, 
1937, from Winchester and Alban, Va., by L. B. Ressequie, and charging mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part: (Baskets) "U. S. No. 1 [or "U. S. Utility"] * * * Grown & Packed 
by L. B. Ressequie Winchester, Va."
It was alleged to be misbranded in that the apples fell below the respective 
grades indicated on the baskets.
On December 31, 1937, no claim or answer having been filed, judgment of 
condemnation and destruction was entered. L. B. Ressequie having subse- 
quently moved for leave to intervene as claimant, the motion was granted and 
on January 12, 1938, the product was ordered released under bond conditioned 
that it be disposed of only in compliance with the law and under the supervision 
of this Department.
M. L. WILSON, Acting Secretary of Agriculture.