15363. Adulteration of flgrs.     V. S. v. 354 Bags of Dried Fig's.     Tried to the
court and a jury. Verdict for the Government. Decyee of con- 
demnation and forfeiture entered. Product released under bond. 
(F. & D. No. 21882.    I. S. No. 13780-x.    S. No. E-6106.)
On April 30, 1927, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure 
and condemnation of 354 bags of dried figs, remaining in the original unbroken 
packages at New York, N. Y., alleging that the article had been shipped by the 
J. P. Hynes Packing Co., from Sacramento, Calif., on or about March 26, 1927, 
and transported from the State of California into the State of New York, and 
charging adulteration in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated, in that it con- 
sisted in whole or in part of a filthy, decomposed, or putrid vegetable substance, 
to wit, wormy, moldy, filthy, sour, bird pecked figs.
On July 11, 1927, Wm. A. Higgins & Co., Inc., New York, N. Y., having 
appeared as claimant for the property, the case came on for trial before the 
court and a jury. By direction of the court the jury returned a verdict for 
the Government. On August 25, 1927, a decree of condemnation and forfeiture 
was entered, and it was ordered by the court that the product be released to 
the said claimant upon payment of the costs of the proceedings and the execu- 
tion of a bond in the sum of $600, conditioned in part that it be labeled " Not 
for Human Consumption," and should not be used for human consumption or 
for purposes other than the distillation of alcohol, manufacture of tobacco, or 
use as hog feed.
R. W. DUNLAP, Acting Secretary of Agriculture.