12193. Adulteration of tomato paste.    U. S. v. 294 Cases of Tomato Paste.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond. <F. & D. No. 18226. I. S. No. 17632-v. S. No. 
C-4241.)
On December 31, 1923, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 294 cases of tomato paste,  remaining in the original
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
by John S. Mitchell, Inc., from Windfall, Ind., October 20, 1923, and trans- 
ported from the State of Indiana into the State of Illinois, and charging 
adulteration in violation of the Food and Drugs Act.   >
Adulteration of the article was alleged in substance in the libel for the 
reason that it consisted in part of a filthy vegetable substance, for the further 
reason that it consisted in part of a decomposed vegetable substance, and for 
the further reason that it consisted in part of a putrid vegetable substance.
On March 15, 1924, John S. Mitchell, Inc., Windfall, Ind., claimant, having 
admitted the material allegations of the libel and consented to the entry of 
a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to. the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $1,000, in conformity with section 10 of the act, conditioned in part 
that it be sorted under the supervision of this department, the bad portion 
to be destroyed and the good portion and all cases, containers, and fittings 
to be retained by the claimant.
HOWAED M.  GOKE,  Acting Secretary of Agriculture.