28391. Adulteration of apples.    U. S. v. 25 Bushels of Apples.    Decree of con¬
demnation,  with   provision   for  release  on  condition  that  deleterious 
ingrredlents be removed.    (F. & D. No. 40879.    Sample No. 59478-C.)
This product was contaminated with arsenic and lead.
On October 8, 1937, the United States attorney for the Northern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 25 bushels of apples at Hobart, 
Ind., alleging that the article had been shipped in interstate commerce on or about 
September 29, 1937, from Benton Harbor, Mich., by Mike Hovanecz to himself at 
Hobart, Ind., and charging adulteration in violation of the Food and Drugs Act. 
The article was labeled: "F. C. Holder R. 1 Benton Harbor, Mich."
It was alleged to be adulterated in that it contained added poisonous or 
deleterious ingredients, arsenic and lead, which might have rendered it harmful 
to health.
On November 13, 1937, Mike Hovanecz, claimant, having admitted the allege- 
d tins of the libel and having consented to the entry of a decree, judgment of 
condemnation was entered.   The court, however, ordered that in lieu of destruc- 
tion, the claimant might remove the deleterious ingredients and obtain release 
of the apples after examination by and approval of this Department.
HARBY L. BROWN, Acting Secretary of Agriculture.