30321. Adulteration and misbranding of dried peaches.      U.  S. v.  19 Cases  of
Dried Peaches.    Consent decree of condemnation and destruction.     F. &
D. No. 44902.    Sample No. 36793-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 insect-infested.   It also contained undeclared sulfur dioxide.
On February 24, 1939, the United States attorney for the District of Hawaii, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 19 cases of dried peaches at Hon- 
olulu, T. H.; alleging that the article had been shipped on or about February 
14, 1939, by American Factors, Ltd., from San Francisco, Calif.; and charging 
adulteration and misbranding in violation of the Food and Drugs Act The 
article was labeled in part: "Suni-Bel Brand Choice Peaches Packed by San 
Filippo Bros., Inc., San Jose, Calif."
Adulteration was alleged in that the article was infested with insects and 
contained undeclared sulfur dioxide.
It was alleged to be misbranded in that it was labeled so as to deceive and 
mislead the purchaser since the label failed to declare the presence of sulfur 
dioxide and gave the impression that it consisted of pure standard dried 
peaches.
On February 25, 1939, the shipper having admitted the allegations of the 
libel and having consented to the entry of a decree, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.