F. & D. No. 2042.
S. No. 735.	
issued March 8, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 767, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF TOMATO PASTE.
On or about November 2, 1910, Pietro Roncoroni Company, New?
York City, shipped from the State of New Jersey into the State of?
New York 150 cases of tomato paste in one-pound and five-pound?
cans, each of said cases being labeled: "5 lb Rossa Lamigliore Con-?
serva di Tomate marca P. R. packed by Pietro Roncoroni Company; "?
and each of said cans being labeled: " Tomato Paste, Conserva Di To??
mate Rossa P R?this article is guaranteed to be made from the best?
quality of red ripe tomatoes and to contain no artificial coloring."?
Samples from this shipment were procured and examined by the Bu??
reau of Chemistry, United States Department of Agriculture, and the?
product was found to contain 500,000,000 bacteria per gram, 260?
yeasts and spores per one-sixtieth milligram, and mold filaments in?
72 per cent of the microscopic fields examined. As it appeared from?
the above examination and report made that the product was adulter??
ated and misbranded within the meaning of the Food and Drugs Act?
of June 30, 1906, and liable to seizure under section 10 of the act,?
the Secretary of Agriculture reported the facts to the United States?
attorney for the Southern District of New York.
In due course a libel was filed in the District Court of the United?
States for said district against the said 150 cases of tomato paste,?
charging the above shipment and alleging that the product so shipped?
was adulterated in that it was in whole or in part filthy, putrid, and?
decomposed; and that the product was misbranded in that the pack??
age and label of said tomato paste contained in said cans bore a state??
ment, design, and device regarding said tomato paste and the?
ingredients and substances contained therein, which was false and?
misleading; and praying seizure and condemnation of the product.
On November 30, 1910, the cause came on for hearing, and no?
claimant to the product having appeared and no answer having been?
filed, the court being fully informed in the premises, issued its decree?
condemning and forfeiting the said tomato paste to the use of the?
United States for the causes set forth in the above libel, and order??
ing the destruction thereof by the marshal for said district.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
W. M. HAYS,
Acting Secretary of Agriculture.
WASHINGTON, D. C, February 10, 1911.