F. & D. No. 1944.
S. No. 700.	
Issued July IB, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 956, FOOD AND DRUGS ACT.
ADULTERATION OF TOMATO CATSUP.
On or about October 20, 1910, the Philadelphia Pickling Company,?
Philadelphia, Pa., shipped from the State of Pennsylvania into the?
State of Maryland 5 barrels of a food product labeled: "No. 4 spiced?
comp. catsup. Antifermented with 2/10 of 1 per cent benzoate soda."?
A sample from this shipment was procured, analyzed, and examinee!?
microscopically by the Bureau of Chemistry, United States Depart??
ment of Agriculture, and the product was found to contain 200,000,000?
bacteria per cc and 48 yeasts and spores per one-sixtieth emm, with?
mold filaments present in 80 per cent of the fields examined and, in?
addition, some cereal. As it appeared from the findings of the anatyst?
and report thereon that the product was adulterated within the mean??
ing of the Food and Drugs Act of June 30, 1906, and was liable to?
seizure under section 10 of the act, the Secretary of Agriculture re??
ported the facts to the United States attorney for the District of?
Maryland.
On October 26, 1910, a libel was filed in the District Court of the?
United States for said district against the said 5 barrels of catsup,?
charging the above shipment and alleging that the product so shipped?
was adulterated because a cereal had been mixed with the product so?
as to reduce and lower the quality and strength thereof, and had been?
substituted in part for the product, and because said catsup consisted?
in part of filthy and decomposed tomatoes, and praying seizure, con??
demnation, and forfeiture of the product.
On January 19, 1911, the cause came on for hearing and there being?
no appearance on the part of any claimant to the product and no?
answer to the allegations of the above libel, the court being fully in??
formed in the premises, issued its decree condemning and forfeiting?
the product to the use of the United States for the causes alleged in?
said libel, and the next day the court issued an order for the destruc??
tion of the above mentioned 5 barrels of catsup by the marshal of said?
district.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
JAMES WILSON,
Secretary of Agriculture.?
WASHINGTON, D. C, June X?, 1911.
100849??No. 956?11