29814. Adulteration of apples. U. S. v. 628 Bushels of Apples. Consent decree 
of condemnation. Product released under bond. (F. & D. No. 44336. 
Sample Nos. 42635-D, 42930-D.)
This product was contaminated with arsenic and lead.
On November 3, 1938, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 528 bushels of apples 
at West Somerset, N. Y.; alleging that the article had been shipped in interstate 
commerce on or about October 24, 1938, by Samuel Rinelli from Pittsburgh, Pa.; 
and charging adulteration in violation of the Food and Drugs Act. The article 
was labeled in part: "NY U. S. No. 1 * * * F. H. Ferguson & Son, Appleton, 
N. Y. On. Spy."
It was alleged to be adulterated in that it contained added poisonous or 
deleterious ingredients, lead and arsenic, which might have rendered it harmful 
to health.
On November 4, 1938, Samuel Rinelli, claimant having admitted the allega- 
tions of the libel, judgment of condemnation was entered, and the product was 
ordered released under bond conditioned that the lead and arsenic be" removed 
under the supervision of this Department
HARRY L. BROWN, Acting Secretary of Agriculture.