3110.   Adulteration   of   tomato  pulp.     U.   S.  v.   24   Cases   of   Tomato   Pulp.?
Default decree of condemnation, forfeiture, and destruction.    (P. &
D. No. 5229.    S. No. 1817.)
On May 19, 1913, the United States Attorney for the Southern District of?
New York, acting upon a report by the Secretary of Agriculture, filed in the
330	
BUREAU   OP   CHEMISTRY.	
[May, 1914.
District Court of the United States for said district a libel for the seizure and?
condemnation of 24 cases of tomato pulp remaining unsold in the original un??
broken packages and in possession of Morris Scherzer, New York, N. Y., alleging?
that the product had been shipped on or about May 3, 1913, by William P. An??
drews from Wingate, Md., and transported from the State of Maryland into the?
State of New York, and charging adulteration in violation of the Food and?
Drugs Act. The product was labeled: " Windmill Brand Tomato Pulp (Picture?
of ripe tomato) Contents weigh nine ounces or over. Made from tomatoes and?
fresh tomato trimmings, with great care. Packed by Wm. P. Andrews,?
Crapo, Md."
Adulteration of the product was alleged in the libel for the reason that it?
consisted in whole or in part of a filthy, decomposed, and putrid vegetable sub??
stance, to wit, decayed tomato pulp.
On June 10, 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, May 21, 191k-