17731. Adulteration of canned tomatoes.     V. S. v. 92 Cases, et al., of Canned
Tomatoes. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond for salvaging. (F. & D. Nos. 24611, 24696, 
I. S. Nos. 027651, 029011.    S. Nos. 2964, 3026.)
Samples of canned tomatoes from the herein described interstate shipments 
having been found decomposed, the Secretary of Agriculture reported the matter 
to the United States attorney for the Southern District of New York.
On March 12 and April 2, 1930, respectively, the said United States attorney 
filed in the District Court of the United States for the district aforesaid libels 
praying seizure and condemnation of 116 cases of canned tomatoes, remaining in 
the original unbroken packages at New York, N. Y., alleging that the article 
had been shipped by the Fairdale Canning Co., from Bridgeton, N. J., on or 
about February 10, 1930, and had been transported from the State of New Jersey 
into the State of New York, and charging adulteration in violation of the food 
and drugs act. The article was labeled in part: (Can) " Park & Tilford * * * 
Tomatoes   *    *    *   Park & Tilford Distributors New York."
It was alleged in the libels that the article was adulterated in that it con- 
sisted in whole or in part of a filthy, decomposed, or putrid vegetable substance, 
in that an examination of samples showed decomposition.
On October 1, 1930, the two libels having been consolidated into one cause of 
action and the Fairdale Canning Co., Bridgeton, N. J., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment 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 costs and 
the execution of a bond in the sum of $400, conditioned in part that it be held 
for a period in storage for examination by a representative of this department, 
and the bad portion, or all, if in the opinion of this department such action be 
warranted, destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.