15265. Adulteration of tomato paste. U. S. v. 103 Cases, et al., of Tomato- 
Paste. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 21532. I. S. Nos. 13431-x, 13432-x. 
S. No. E-5215.)
On January 17, 1927, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in. 
the District Court of the United States for said district a libel praying- 
seizure and condemnation of 437 cases and 309 cans of tomato paste, remain-
ing in the original unbroken packages at New York, N. Y., alleging thai: the 
article had been shipped by R.Gerber & Co., from Sharpsville, Ind., Novem- 
ber 29, 1926,
' and transported from the State of Indiana into the State of 
New York, and charging adulteration in violation ,oi" the iood and drugs 
act. The article was labeled in part: (can) "Concentrated Tomaio Concen- 
trate di Pomidoro Liberty Bell Brand."
It was alleged in the libel that  the article  was  adulterated,  in  that it 
consisted in part of a filthy,  decomposed,  and putrid  vegetable substance.
On June 20, 1927, John S. Mitchell, Inc., claimant, having admitted the 
allegations of the libel and having 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 delivered to the said claimant upon payment 
x>f the costs of the proceedings and the execution of a bond in the sum 
of $0,000, conditioned in part that a portion be segregated from the balance 
and shipped to the claimant, in care of the Sharpsville Canning Co,, .Sharpsville, 
Ind,, to, be destroyed under the supervision of this department, and the- 
remainder released.
W. M. JARDINK, Secretary of Agriculture.