NOTICE OF JUDGMENT NO. 973, FOOD AND DRUGS ACT.
ADULTERATION AND  MISBRANDING OF  TOMATO PARTE.
On or about December 16, 1910, the Philadelphia Pickling Com- 
pany, Eldora, N. J., shipped from the State of New Jersey into 
the State of Pennsylvania 9 barrels of tomato paste. Samples from 
this shipment were procured and examined by the Bureau of Chem- 
istry, United States Department of Agriculture, and the product was 
found to contain yeasts and spores at the rate of 200 per one-sixtieth 
cmm., bacteria 250 million per cc, with mold filaments present in 60 
per cent of the microscopic fields examined. As it appeared from 
the above examination and report thereon that the product was adul- 
terated 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 Eastern District of Pennsylvania.
In due course a libel was filed in the District Court of the United 
States for said district against the said 9 barrels of tomato paste, 
charging the above shipment, and alleging that the product so 
shipped was adulterated, in that it consisted in whole or in part of 
a filthy and decomposed vegetable substance, and praying seizure 
and condemnation of the product.
On March 31, 1911, the cause coming on for trial, and no claimant 
to the product having appeared, and na answer having been filed, 
the court being fully informed in the premises, issued its decree, 
condemning and forfeiting the said product to the use of the United 
States for the cause set forth in the above libel, and ordering its 
destruction by the marshal of said district, which order was forth- 
with executed.
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 £0, 1911.
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101531°—No. 973—11