14048. Adulteration of frozen blueberries.  U. S. v. 565 Boxes, etc.  Tried to the
court.   Judgment for Government.   Product released under bond, but 
subsequently destroyed.    (F. D. C. No. 21199.   Sample No. 19577-H.) 
LIBEL FILED :    October 12,1946, District of Minnesota.
ALLEGED SHIPMENT :    On or about June 8,1946, by the Continental Fruit Distrib- 
utors, from Chicago, Ill. 
PRODUCT:   1,440   22-pound boxes of frozen blueberries at Minneapolis, Minn. 
LABEL IN PART:   "Blueberries   Product of Canada   Canada Packers   Quebec 
City."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a decomposed substance by reason of the presence of rotten 
blueberries.
DISPOSITION: The Continental Fruit Distributors, Toronto, Canada, claimant, 
filed an answer alleging that the Food and Drug Administration had issued 
a statement of conditions requiring the exportation or destruction of the prod- 
uct within three months from July 15, 1946; that before the expiration of the 
three-month period, the Administration had rescinded the right of exportation 
previously granted; and that the rights of exportation accruing to the claimant 
under Section 801 of the Act were violated by such reeision and filing of the 
libel.
The case came on for trial before the court on May 11,1948, and at the con- 
clusion thereof, the court took the matter under advisement for consideration 
of the evidence and briefs of the parties. On July 13, 1948, the court handed 
down its findings of fact and conclusions of law, to the effect that the product 
was shipped from Hamilton, Ontario, by the Continental Fruit Distributors, 
on or about May 6,1946, and arrived in customs at Detroit, Mich., on May 9, 
1946, when a sample was taken by the Food and Drug Administration; that
i or about May 9,1946, verbal notice was given by the customs department to 
)hn V. Carr & Sons as agents for the shipper and importer, that samples had 
been taken and that the product should be kept intact until officially released; 
lat the Continental Fruit Distributors shipped the product to Chicago, Ill., 
here it arrived on or about May 11,1946; that the Meinrath Brokerage Co., 
[inneapolis, Minn., on or about May 23 and 29, 1946, sold various portions 
f the product to three firms in Minneapolis, Minn.; that the Continental Fruit 
Distributors, on or about June 3,1946, and while the product was in storage at 
Chicago, Ill., transferred title to the product to the Sunshine Fruit Company; 
tat the product was shipped from Chicago to Minneapolis on June 3, 1946, 
and upon arrival at Minneapolis, Minn., was placed in storage to the accounts 
f the purchasing firms; that further samples of the product were taken by the 
'ood and Drug Administration at Minneapolis on June 14,1946; that on June 
6, 1946, in connection with the sample taken at Minneapolis, the Food and 
)rug Administration issued a Notice of Detention and Hearing; that subse- 
uent to this notice, withdrawals were made from storage by two of the pur- 
hasing firms; that on July 15, 1946, pursuant to the above notice, a hearing 
vas held at Chicago, III., after which the Food and Drug Administration issued 
i statement requiring the exportation or destruction under customs supervision 
if the product as an import within three months from July 15, 1946; that on 
)ctober 10, 1946, the statement was rescinded and notice thereof, as well as 
lotiee of the institution of seizure action, was given to the Continental Fruit 
Distributors; that neither the Continental Fruit Distributors nor the Sunshine 
?fruit Company repaid during the year 1946 the sales price of the product to 
:he purchasers thereof; that the product was shipped in interstate commerce, 
jrom Chicago to Minneapolis, by the Continental Fruit Distributors and the 
Sunshine Fruit Company; that the product was adulterated in interstate com- 
merce; and that the Government was entitled to a decree of condemnation. 
In accordance with these findings and conclusions, judgment was entered on 
July 13,1948, providing for condemnation of the product and its release under 
bond for segregation of the unfit portion.   On October 12, 1948, due to the 
default of the claimant in complying with the judgment of July 13, an order 
was entered providing that the product be disposed of for animal feed or 
destroyed.