NOTICE OF JUDGMENT NO. 1001.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION OF TOMATO PARTE.
On December 8, 1910, the United States Attorney for the Eastern 
District of Pennsylvania, acting upon the report of the Secretary of 
Agriculture, filed in the District Court of the United States for said 
district a libel praying condemnation and forfeiture of 35 boxes of 
tomato paste in the possession of H. Polinsky.
Examination of the two samples from said consignment by the 
Bureau of Chemistry of the United States Department of Agricul- 
ture showed them to contain, respectively, yeasts and spores 600 per 
one-sixtieth cmm., and 250,000,000 bacteria per cc.,and mold filaments 
in 55 per cent of fields; yeasts and spores 500 per one-sixtieth cmm., 
and 250,000,000 bacteria per cc, and mold filaments in 55 per cent of 
fields. The libel alleged that the tomato paste, after transportation 
from New York into Pennsylvania, remained in the original un- 
broken packages, and was adulterated in violation of the Food and 
Drugs Act of June 30, 1906, because it consisted in whole or in part 
of a filthy, putrid, or decomposed vegetable substance, and was 
therefore liable to seizure for confiscation.
On December 22, 1910, H. Polinsky filed answer to said libel, a 
jury was waived, and the case was heard by the court. On March 14, 
1911, the court found the said product to consist in part of a decom- 
posed vegetable substance, and that the United States was entitled 
to a decree of condemnation as prayed for in the libel. Accordingly 
a decree was entered on March 31, 1911, condemning and forfeiting 
the goods to the United States and ordering their destruction by the
marshal.
JAMES WILSON, 
Secretary of Agriculture. 
WASHINGTON, D. C, June 29, 1911.
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1904°—No. 1001—11