United States v. Nine Barrels of Olives

Citations

• 179 F. 983
• 1910 U.S. Dist. LEXIS 312

Syllabus

<p>1. Food (§ 24*) — Tube Food Law — Aditltebatjon ob MTSBEANDING — FORFEITURE— PRELIMINARY EXAMINATION.</p> <p>Food and Drugs Act June 30, 1906, c. 3915, § 4, 84 Stat. 769 (U. S. Oomp. St. Supp. 1909, p. 1189), providing for preliminary examination by the Department of Agriculture for alleged adulteration or misbranding of food or drug products, does not apply to a libel for forfeiture authorized by section 10, which provides for a hearing in court in accordance with proceedings in admiralty, so that a preliminary examination before the-Department of Agriculture is not a necessary condition precedent to the maintenance of a libel 'for the condemnation of the alleged objectionable product.</p> <p>[Ed. Note. — For other eases, see Food, Dec. Dig. § 24.*]</p> <p>2. Food (§ 24*) — (Puke Food Daw — Possession—Bond—Effect.</p> <p>Food and Drugs Act June 30, 1906, c. 3915, § 11, 34 Stat'. 772 (U. S. Comp. St. Supp. 1909, p. 1194), provides for the examination of articles sought to be imported, suspected of being adulterated or misbranded, by the Department of Agriculture, and declares that, if they are found to be so, entry shall be forbidden, and they shall be destroyed unless exported within three months from the date of notice of refusal of entry, except that, pending examination, the importer shall obtain possession by executing a penal bond conditioned to return the goods to the Secretary of the Treasury when demanded, etc. Held that, where proceedings were instituted for the examination and exclusion of certain alleged adulterated or misbranded olives, the importer’s execution of a bond for possession under such section did not amount to an official declaration that the olives had been found to comply with the act.</p> <p>[Ed. Note. — For other cases, see Food, Dec. Dig. § 24.*]</p>