NOTICE OF JUDGMENT NO. 1072.
(Given pnrsiiant to section 4 of the Food and Drugs Act.)
ADULTERATION OF TOMATO  CATSUP.
On March 1, 1911, the United States Attorney for the Western 
Division of the Western District of Tennessee, acting upon the report 
by the Secretary of Agriculture, filed in the District Court of the 
United States for said district a libel praying condemnation and for- 
feiture of three barrels of tomato catsup found on the premises at 
122 Madison Avenue, Memphis, Tenn.
Examination of samples of said consignment by the Bureau of 
Chemistry, United States Department of Agriculture, showed them 
to contain yeasts and spores 130 per one-sixtieth cmm., bacteria 
130,000,000 per cc, and mold filaments in 73 per cent of fields. The 
libel alleged that the tomato catsup, after shipment by Dodson Braun 
Branch, National Pickle & Canning Co., St. Louis, Mo., from the 
State of Missouri into the State of Tennessee, remained in the original 
unbroken packages and was adulterated in violation of the Food and 
Drugs Act of June 30, 1906, because it consisted in part of a filthy, 
decomposed, and putrid vegetable substance, and was, therefore., 
liable to seizure for confiscation.
On May 25, 1911, the court found said product to contain putrid 
and decomposed matter and to be, therefore, adulterated as charged 
in the libel, and held that the United States was entitled to a decree 
of condemnation as prayed in the libel. Accordingly, a decree was 
entered on said date condemning and forfeiting the goods to the 
United States and ordering their destruction by the marshal.
JAMES WILSON, 
Secretary of Agriculture.
WASHINGTON, D. C., August 17, 1911.
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7556°—No. 1072—11