602. Adulteration of canned apricots.     IT. S. v. 500 Cartons of Canned Apricots
(and 5 other seizure actions involving canned apricots). Decrees of 
condemnation. Portion of product ordered released under bond for seg- 
regation and destruction of the unfit fruit.    Remainder ordered destroyed.
(F. D. C. Nos. 1331, 1476, 1561, 1579, 1628, 1766. Sample Nos. 71230-D, 71547-D, 
88750-D, 98688-D, 98689-D, 6182-E.)
Samples of this product were found to contain insects, worms, and worm 
excreta.
Between January 10 and April 9, 1940, the United States attorneys for 
the District of New Jersey, the District of Ohio, the Eastern District of New 
York, the Southern District of Texas, and the District of New Mexico filed 
libels against 500 cartons of canned apricots at Port Newark, N. J.; 263 cases 
at Paterson, N. J.; 418 cases at Cincinnati, Ohio; 12 cases at Brooklyn, N. Y.; 
15
" cases at Corpus Christi, Tex.; and 74 cases at Albuquerque, N. Mex., 
alleging that the article had been shipped in interstate commerce, within the 
period from on or about July 6, 1939, to on or about January 23, 1940, by Val 
Vita Food Products, Inc., from Fullerton, Calif.; and charging that it was 
adulterated in that it consisted in whole or in part of a filthy substance. The 
article was labeled in part: "Val Vita Brand Whole Apricots."
On April 6, 1940, Val Vita Food Products, Inc., having admitted the al- 
legations of the two libels filed in the District of New Jersey and the cases 
having been consolidated, judgment of condemnation was entered, and it was 
ordered that the product be released under bond conditioned that the portion 
which was fit for human consumption be separated from the unfit portion and 
that the latter be destroyed. On April 4, April 16, and May 1, 1940, no claim- 
ant having appeared in the remaining cases, judgments of condemnation were 
entered and the product was ordered destroyed.