30070. Adulteration of unshelled almonds. U. S. v. 289 Bags of Almonds (and
13 otlier seizures of t11e same product). Consent decree of condemnation.
Product released under bond for segregation and destruction of
unfit portion. (F. & D. Nos. 44293 to 44296, inclusive, 44315 to 44319, inclusive,
44321, 44349, 44366, 44368, 44383, · 44384, 44436, 44437, 44454, 44455,
44553. Sample Nos. 26151-D to 26165-D, inclusive, 26172-D, 26173-D,
26178-D, 35837-D, 35840-D.)
This product, which had been shipped in interstate commerce and. remained
unsold and in the original packages at the time of examination, was found to be
in part worm-infested and moldy.
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30051-30200] NOTICES OF JUDGMENT 33
Between November 7 and December 21, 1938, the United States attorneys for
the Southern District of New York and the District of Rhode Island, acting
upon reports by the Secretary of Agriculture, filed in their respective district
courts libels praying seizure and condemnation of a total of 1,100 bags and
188 cartons of almonds at New York, N. Y., and 38 bags of almonds at Providence,
R. I. ; alleging that they had been shipped within the period from September
1 to October 8, 1938, by California Almond Growers Exchange from Sacramento,
Calif. ; and charging adulteration in violation of the Food and Drugs Act.
The article was labeled in part: "Golden State Brand," or "Fancy Blue Diamond
Brand."
It was alleged to be adulterated in that it consisted in whole or in part of
a filthy and decomposed vegetable substance.
On December 30, 1938, and January 6, 1939, the Geo. Wm. Bentley Co., Providence,
R. I., having filed a claim for the lots seized at Providence, R. I., and
the California Almond Growers Exchange having filed a claim for the goods
seized at New York, N. Y., and said claimants having admitted the allegations
of the libels, judgments of condemnation were entered and the product was
ordered released under bond conditioned that the unfit portion be segregated and
destroyed or denatured.