7277. Adulteration of dried prunes.    U. S. v. 2,640 Cases of Dried Prunes.    Tried
to a jury. Verdict for the Government. Decree of condemnation. 
Product ordered released under bond. (F. D. C. No. 12252. Sample No. 
63226-F.)
LIBEL FILED :   April 24,1944, Western District of North Carolina.
ALLEGED SHIPMENT:    On or about February 17, 1944, by Rosenberg Bros. & Co.,
from Portland, Oreg.
PEODtrar:   2,640   25-pound cases of dried prunes at Charlotte, N. C.
LABEL IN PART :   "Northland Brand 40-50 Oregon Prunes."
VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a filthy substance by reason of the presence of rodent 
hairs; and, Section 402 (a) (4), it had been packed under insanitary condi- 
tions whereby it may have become contaminated with filth.
DISPOSITION : On July 28,1944, Rosenberg Bros. & Co., claimant, filed an answer 
denying the Adulteration of the product, and thereafter filed a motion for 
transfer of the case to a district of reasonable proximity to its place of business. 
The motion was denied on August 14,1944, in the following ruling:
WEBB, District Judge: "It appears to the Court that the movant based his 
right of removal on Section 334 (a), Title 21, United States Code Annotated; 
however, the Court is of the opinion that the provisions of said Section applies 
solely to mis-branded articles and in nowise covers articles that have been 
seized by reason of an alleged adulteration;
"It further appearing to the Court that Section 334 (b), Title 21, United 
States Code Annotated, fully covers the removal from one district to another of 
certain cases where seizures have been made of alleged adulterated articles, 
but the above entitled proceeding is not among those therein designated as 
removable;
"For the foregoing reasons, the motion to transfer and remove the above 
entitled cause to another district is therefore denied."
On November 8, 1944, the case having come on for trial before a jury, and a 
verdict having been returned in favor of the Government, judgment of con- 
demnation was entered and the product was ordered released under bond to be 
disposed of for purposes other than human consumption, under the supervision 
of the Food and Drug Administration.