15767.?Adulteration   of   canned   tomatoes.     V.   S.   v.   183   Cartons   and   1046
Cartons of Canned Tomatoes. Decree entered ordering release?
of good portion and destruction of remainder.     (F. & D. No. 22163.
I. S. Nos. 14629-x, 14630-x.    S. No. 213.)
On November 12, 1927, the United States attorney for the Northern District?
of Florida, 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 1229 cartons of canned tomatoes, remaining in the original?
unbroken packages at Pensacola, Fla., alleging that the article had been shipped?
by Thomas Roberts & Co., from Mount Vernon, Md., September 26, 1927, and?
had been transported from the State of Maryland into the State of Florida,?
and charging adulteration in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that it con??
sisted in whole and in part of a filthy, decomposed, or putrid vegetable sub??
stance.
On February 20, 1928, by stipulation between the Government and the Avant?
Pace Co., Pensacola, Fla., claimant, the property was delivered to the said?
claimant for incubation under the supervision and control of the United States?
marshal. On April 12, 1928, the said incubation having developed that a portion?
of the product was unfit for human consumption, and that the remainder was?
fit and proper for sale on the open market, a decree was entered ordering that?
the unfit portion be destroyed, and the remainder released upon payment of?
costs by the said claimant.
R. W. DTJNLAP, Acting Secretary of Agriculture.