25975. Adulteration of  dried peaches.     V.   S.  v.  600  Cases  of Dried Peaches.
Consent decree of condemnation.    Product released under bond for re- 
processing and reconditioning.     (F. & D. no. 36911.    Sample no. 46434-B.)
This case involved an interstate shipment of dried peaches that were dirty 
and infested with insects.
On January 2, 1936, 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 a libel praying seizure and condemnation of 600 cases of dried 
peaches at New York, N. Y., alleging that the article had been shipped in inter- 
state commerce on or about December 6, 1935, by Rosenberg Bros. & Co., from 
Oakland, Calif., and that it was adulterated in violation of the Food and Drugs 
Act The article was labeled: "Prepared with sulphur dioxide Varsity Brand 
California Fancy Recleaned Peaches Cured Fruit Association of California, 
San Francisco, Calif.   25 lbs. net."
The article was alleged to be adulterated in violation of the Food and Drugs 
Act, section 7, paragraph 6, which provides that an article of food shall be 
deemed adulterated if it consists in whole or in part of a filthy vegetable 
substance.
On February 27, 1936, Rosenberg Bros. & Co., claimant, having admitted 
the allegations of the libel and having consented to a decree, judgment of con- 
demnation was entered and the product was released under bond conditioned 
that it be reprocessed and reconditioned.
M. L. WILSON, Acting Secretary of Agriculture.