7266. Adulteration    and    Misbranding of    oranges.   V.     S.    *    *    *    v.     104
Boxes of Oranges. Consent decree of condemnation and forfeit- 
ure. Good portion ordered released on bond. Unfit poi'tion or- 
dered destroyed.    (F. & D. No. 10069.    I. S. No. 13279-r.    S. No. E-1312.)
On April. 15, 1919, the United States attorney for the Western District of 
New 1'ork, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 104 boxes of oranges, consigned by T. H. Peppers, Upland, 
Calif., remaining unsold in the original unbroken packages at Buffalo, N. Y., 
alleging that the article had been shipped on March 31, 1919, and transported 
from the State of California into the State of New York, and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act, as amended. The 
article was labeled in part, " Wash Navels * * * T. H. Peppers * * * 
Growers Fruit Co., Rialto, California."
Adulteration of the article was alleged in the libel for the reason that it 
consisted in part of a filthy, decomposed, or putrid vegetable substance.
Misbranding of the article was alleged for the reason that the net contents 
were not declared.
On April IS, 1919, the Fruit Exchange Auction (Inc.), Buffalo, N. Y., claimant, 
having consented to a decree, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be delivered to said 
claimant upon the payment of the costs of the proceedings and the execution of 
a bond in the sum of $1,000, in conformity with section 10 of the act, conditioned 
in part that the product be sorted and repacked, and that the decayed and unfit 
oranges be eliminated under the supervision of a representative of this depart- 
ment.
C. F. MAKVIN, Acting Secretary of Agriculture.