20237. Adulteration of unshelled almonds and brazil nuts. U. S. v. 10 Bags, etc. (and 1 other seizure action). (F. D. C Nos. 34403, 34404. Sample Nos. 14471-L to 14473-L, incl.) LIBELS FILED : December 10,1952, District of Colorado. ALLEGED SHIPMENT: On or about November 3, 1952, by the Sunset-Sternau Food Co., from Modesto, Calif. PRODUCT: 10 80-pound bags of unshelled almonds and 13 100-pound bags of unshelled brazil nuts at Denver, Colo. LABEL IN PART: (Bag) "California Almonds IN Sunset Brand Nuts" and "Large Medium Brazil Nuts." NATURE OF CHARGE: Almonds. Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance by reason of the presence of insect-infested almonds, and of a decomposed substance by reason of the presence of moldy almonds; and it was otherwise unfit for food by reason of the presence of gummy almonds. Brazil nuts. Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance by reason of the presence of insect-in- fested brazil nuts, and of a decomposed substance by reason of the presence of moldy and otherwise decomposed brazil nuts; and it was otherwise unfit for food by reason of the presence of rancid brazil nuts and empty shells. consented to the entry of decrees, judgments of condemnation were entered and the court ordered that the products be released under bond for segregation of the unfit portions, under the supervision of the Federal Security Agency. The almonds were shelled and sorted, with the result that 20 pounds of nut meats were found unfit and were destroyed. Segregation of the brazil nuts was attempted but was unsuccessful, and, accordingly, all of these nuts were denatured.