F. & D. Nos. 2748 and 2797.
L S. Nos. 13967-c and 12968-e.	
Issued Ttecemte 17,1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE  OF JUDGMENT NO. 1808.
(Giren pursuant to section 4 of the Food and Drags Act.)
ALLEGED ADULTERATION OF DRIED PEACHES AND OF DRIED BLACK??
BERRIES.
On November 28 and September 9, 1911, the United States Attor??
ney for the Western District of Virginia, acting upon reports by the?
Secretary of Agriculture, filed in the District Court of the United?
States for said district informations against James T. Ayers, Danville,?
Va., alleging shipment by him, in violation of the Food and Drugs?
Act, from the State of Virginia into the State of Maryland??
(1)?On March 21, 1911, of a quantity of dried peaches which were?
adulterated. The product bore no label. Analysis of a sample of?
the product by the Bureau of Chemistry of this Department showed?
the following results: Worm-eaten peaches, 30 per cent; peaches with?
excreta on outside, 67 per cent; peaches with worms present, 3 per?
cent. Adulteration was alleged in the information for the reason?
that the product consisted in part of a filthy, decomposed, and putrid?
animal or vegetable substance.
(2)?On March 17, 1911, of a quantity of dried blackberries which?
were adulterated. This product bore no label. Examination of a?
sample of the product by the Bureau of Chemistry of this Department?
showed that it was a very poor looking product and badly worm-?
eaten; two live worms and one live beetle were present, and at least?
one-half of all the berries were worm-eaten. Adulteration was?
alleged in the information for the reason that the product consisted?
in part of a filthy, decomposed, and putrid animal or vegetable sub??
stance.
On April 12, 1912, the cases having come on for hearing before the?
court and jury, resulted in a mistrial, as the jury was unable to agree
on a verdict.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 11, 1912.
63422?~1808?12