18866. Adulteration of canned tomato puree.    U. S. v. 2,000 Cases, et al.,
of Tomato Puree. Consent decrees entered. Portion of product 
released to claimant. Remainder ordered condemned, forfeited, 
and destroyed. (P. & D. Nos. 26735, 26787. I. S. Nos. 11719, 11721. 
S. Nos. 4883, 4909.)
Samples of canned tomato puree from the shipments herein described having 
been found to contain excessive mold, the Secretary of Agriculture reported 
the matter to the United States attorney for the Southern District of California.
On July 6 and July 10, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid libels praying seizure 
and condemnation of 2,300 cases of tomato puree, remaining in the original 
unbroken packages at Los Angeles, Calif., alleging that the article had been 
shipped by the Rocky Mountain Packing Co., from Salt Lake City, Utah, in part 
on or about January 3,1931, and in part on or about February 10 and May 26, 
1931, and had been transported from the State of Utah into the State of 
California, and charging adulteration in violation of the food and drugs act. 
The article was labeled in part: (Can) "Golden Rey Brand Tomato Puree 
Packed for Pacific "Wholesale Grocery Co., Los Angeles."
It was alleged in the libels that the article was adulterated in that ft con- 
sisted in part of a decomposed vegetable substance.
On September 17, 1931, examination having shown that the product consisted 
of two separable lots, one of which was unadulterated and one of which was 
adulterated, and the United States attorney and the claimant having entered 
into a stipulation to the effect that the unadulterated portion be released and 
the remainder condemned, the court ordered that the good portion be released 
to the said claimant, the Pacific "Wholesale Grocery Co., Los Angeles, Calif. 
On October 3, 1931, judgments of condemnation and forfeiture were entered 
with respect to the adulterated portion, consisting of 1,196 cases, and it was 
ordered by the court that the said portion be destroyed by the United States 
marshal, and that claimant be taxed all costs of the proceedings.
ABTHUB M. HYDE, Secretary of Agriculture.