20193. Adulteration of pears.    U.S. v. 532 Boxes of Pears.    Product ordered
released  under  bond for  removal  of spray residue.     (F.  & D.  no.
28935.    Sample no. 12429-A.)
This action involved the interstate shipment of a quantity of pears which 
were found to bear arsenic and lead spray residue.
On September 1, 1932, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 532 boxes of pears. It was alleged in the libel 
that the article had been shipped in interstate commerce on or about August 
18, 1932, by Lambert Marketing Co., from Tehachapi, Calif., consigned to itself 
at New York, N.Y., that it remained in the original unbroken packages in 
storage at Jersey City, N.J., and that it was adulterated in violation of the 
Food and Drugs Act. The article was labeled in part: " Tejon Tehachapi 
Bartletts * * * Packed by Lambert Marketing Co., * * * Sacramento, 
Cal."
Adulteration of the article was alleged in the libel for the reason that it 
contained added poisonous or deleterious ingredients, arsenic and lead, which 
might have rendered the article harmful to health.
On September 6, 1932, the Lambert Marketing Co., Inc., Sacramento, Calif., 
claimant, having admitted the allegations of the libel and having consented to 
the entry of a decree condemning and forfeiting the property, judgment was 
entered by the court ordering that the product be released to the said claimant 
upon payment of costs and the execution of a bond in the sum of $1,000, condi- 
tioned that all pears found to bear excessive arsenic and lead spray residue be 
cleaned, and that the article should not be sold or disposed of until inspected 
by this Department and found to comply with the Federal Food and Drugs Act.
R. G. TUGWELL, Acting Secretary of Agriculture.