14132. Adulteration of canned tomato pulp.     U. S. v. 1,503 Cans of Tomato
Pulp. Tried to the court. Judgment for the Government. De- 
cree of condemnation and forfeiture entered. Product released, 
under bond.     (F. & D. No. 20545.    I. S. No. 6014-x.     S. No. E-5541.)
On November 9, 1925, the United States attorney for the District of Indiana, 
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 1,503 cans of tomato pulp, remaining in the original un- 
broken packages at Elwood, Ind., alleging that the article had been shipped, 
by the Orestes Packing Co., from Farmingdale, N. J., and transported from. 
the State of New Jersey into the State of Indiana, and charging adulteration, 
in violation of. the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that it 
consisted in whole or in part* of a filthy, decomposed, or putrid vegetable- 
substance.
On or about February 1, 1926, the Orestes Packing Co., Elwood, Ind., 
having appeared as claimant for the property, the case came on for trial 
before the court. After hearing the evidence the court found that the allega- 
tions of the libel were true, that a portion of the product was decomposed, that 
the remainder was not shown to have been decomposed, and that the entire 
lot should be forfeited and condemned. The alaimant having paid the costs; 
of the proceedings and petitioned for the release of the product under bond 
in the sum of $2,500, in conformity with section 10 of the act, the court 
ordered the bond approved and the product released, said order providing 
that the product be salvaged under the supervision of this department.
R. W. DUNLAP, Acting Secretary of Agriculture.