6711. Adulteration of dried prunes.    U. S. v. 2,400 Boxes of Dried Prunes.    Por¬
tion ordered released; remainder condemned and ordered released under 
bond.    (F. D. C. No. 8606.    Sample No. 19320-F.)
LIBEL FILED:    October 19, 1942, District of Massachusetts.
ALLEGED SHIPMENT: On or about September 17, 1942, by Guggenhime & Co., 
from San Jose, Calif.
PRODUCT:    2,400   26-pound boxes of dried prunes at Boston, Mass.
When this product was unloaded from the railroad car at destruction, it 
was found that a heavy layer of coal dust covered the entire top tier of boxes.' 
Coal dust had also sifted down between the boxes so that all were partially 
coated with coal dust. The boxes were stacked bottoms up and, since the 
bottoms consisted of two boards with space between, coal dust came in direct 
contact with the prunes in those cases in which the paper wrapper did not 
completely cover the prunes. Examination of a number of boxes showed that 
the surface of the prunes was covered with visible coal dust.
VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a filthy substance, coal dust.
DISPOSITION: On November 16, 1942, re-examination having shown that a por- 
tion of the product was fit for human consumption, a decree was entered order- 
ing the release of the fit portion to the consignee, the U. S. Quartermaster 
Depot, Boston, Mass. On August 20, 1943, James J. Ryan, Boston, Mass., 
claimant for the remainder, having admitted the allegations in the libel, judg- 
ment of condemnation was entered and the product was ordered released under
bond to be sorted, reprocessed, and converted into prune jam, under the super- 
vision of the Food and Drug Administration. On March 28, 1944, the motion 
of the claimant to amend the decree of August 20, 1943, to permit the manu- 
facture of the product into imitation prune apple butter was allowed.