15780. Adulteration of canned black raspberries.   U. S. v. 161 Cases   *   *   *
(and 3 other seizure actions).   (F. D. C. Nos. 27950, 28417, 28558, 28617. 
Sample Nos. 50759-K, 50780-K, 50798-K, 55300-K.) 
LIBELS FILED :   November 1 and December 6 and 14, 1949, District of Montana,
and January 4,1950, District of Nebraska. 
ALLEGED SHIPMENT:   On or about July 21, August 30, and October 1, 1949, by 
Michigan Fruit Canners, Inc., from South Haven, Mich., and Benton Harbor, 
Mich.
PRODUCT: Black raspberries. 181 cases, each containing 24 15-ounce cans, at 
Butte, Mont.; 5 cases, each containing 24 15-ounce cans, at Bozeman, Mont.; 
and 46 cases, each containing 24   1-pound, 4-ounce cans, at Beatrice, Nebr.
LABEL IN PART: (Can) "Rustic Brand Michigan Black Raspberries" and 
"Climber Michigan Black Raspberries."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of (Montana lots) a decomposed substance by reason 
of the presence of moldy raspberries and (Nebraska lot) decomposed raspberry 
material.
DISPOSITION: The shipper having appeared as claimant for the Montana lots 
and having obtained samples of the seized goods, but having subsequently 
withdrawn its appearance, the court, on March 23,1950, condemned these lots 
and ordered them delivered to a State institution, for use as animal feed, 
after denaturing under the supervision of the United States marshal.
On March 22,1950, no claimant having appeared for the Nebraska lot, judg- 
ment of condemnation and destruction was entered.
DRIED FRUIT