21256. Adulteration of apples.   V. S. v. 109 Boxes of Apples.   Default decree
of condemnation. Product destroyed. (F. & D. no. 30106. Sample 
no. 35747-A.)
This action involved a shipment of apples that bore excessive lead spray 
residue.
On March 30, 1933, the United States attorney for the District of Nebraska, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 109 boxes of apples at Omaha, 
Nebr., alleging that the article had been shipped on or about March 16, 1933, by 
the Tyrrell Brown Co., from Wenatchee, Wash., and charging adulteration in 
violation of the Food and Drugs Act. The article was labeled in part: " Foot- 
print Brand Apples * * * From Foothills of the Cascades. Packed and 
Shipped by Tyrrell Brown Co. Wenatchee, Wash."
It was alleged in the libel that the article was adulterated in that it contained 
an added poisonous or deleterious ingredient, lead, which might have rendered 
it injurious to health.
On June 30, 1933, no claimant having appeared for the property, judgment of 
condemnation was entered, the decree provided that the apples might be deliv- 
ered to the Veterans Hospital at Lincoln, Nebr., on condition that they be 
peeled or washed to remove the spray residue, under the supervision of a State 
official. On July 6, the apples, having been found to be decomposed and unfit 
for food, were destroyed, which destruction was approved by the court on July 
31,1933.
M. L. WILSON, Acting Secretary of Agriculture.