2865.?Adulteration of tomatoes.   U. S. v. 75 Cases of Tomatoes.   Default decree of condem?
nation, forfeiture, and destruction.   (F. & D. No. 4060.   S. No. 1409.)
On June 1, 1912, the United States Attorney for the Southern District of Alabama,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of?
the United States for said district a libel for the seizure and condemnation of 75 cases?
of tomatoes remaining unsold in the original unbroken packages and in the hands?
of M. Forchheimer & Co., Mobile, Ala., alleging that the product had been shipped?
on December 2, 1911, by the John Boyle Co., Baltimore, Md., and transported from?
the State of Maryland into the State of Alabama, and charging adulteration in viola??
tion of the Food and Drugs Act. The product was labeled: "Victory Brand, for?
soup, strained tomato trimmings and tomatoes. Always empty contents in a glass or?
earthen dish as soon as opened. Packed by the John Boyle Co., at Baltimore, Md.,?
average weight 10 oz."
Adulteration of the product was alleged in the libel for the reason that it consisted?
in part of, to wit, 40,000,000 bacteria per cubic centimeter, to wit, 50 yeasts and?
spores per one-sixtieth cubic millimeter, and to wit, mold filaments found in 83 per?
cent of the microscopic fields examined, and that the same further contained pieces of?
decayed tissue of microscopic size, the exact amount of which was unknown to the?
United States Attorney, and was therefore adulterated in that it consisted in part?
of filthy and decomposed vegetable substance.
On April 15, 1913, no claimant having appeared for the property, judgment of?
condemnation and forfeiture Was entered, and it was ordered by the court that the?
product should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, February 9, 1914.