NOTICE OF JUDGMENT NO. 2602.
(Given pursuant to section 4 of the Food and Drugs Act.)
U. S. v. Clark W. Earll.   Plea of guilty.   Fine, $100 and costs.
ADULTERATION OF TOMATO CATSUP.
On March 13, 1913, the United States Attorney for the Western 
District of Missouri, acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said 
district an information against Clark W. Earll, doing business under 
the name of Earll Manufacturing Co., Kansas City, Mo., alleging 
shipment by said defendant, in violation of the Food and Drugs Act, 
on February 27, 1912, from the State of Missouri into the State of 
Kansas, of a quantity of tomato catsup which was adulterated. The 
product was labeled: " Earll's Tomato Catsup Contains 1-10 of 1 per 
cent Benzoate of Soda.   Earll Mfg. Co., Kansas City, Mo."
Analysis of a sample of the product by the Bureau of Chemistry of 
this Department showed the folio wing, results: Said sample contains 
the following number of organisms approximately: Mold filaments 
present in 38 per cent of all microscopic fields examined; yeast and 
spores, about 100 per one-sixtieth cubic millimeter, and bacteria about 
300,000,000 per cubic centimeter. Sample is too high in bacteria and 
yeasts. Adulteration of the product was alleged in the information 
for the reason that it consisted in whole or in part of a decomposed 
and putrid vegetable substance, said product containing mold fila- 
ments and also yeasts and spores about 100 per one-sixtieth milli- 
meter, and also containing about 300,000,000 bacteria per cubic centi- 
meter.
On April 3, 1913, the defendant entered a plea of guilty to the 
information, and the court imposed a fine of $100 and costs.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September 18, 1913.
12012s—No. 2602—13
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