19274. Adulteration of canned tomato puree.     U. S. v. 487 Cases and 2,190
Cases of Tomato Puree. Appearance, claim, and answer filed in 
each case. Product taken down under bond. Adulterated por- 
tions ordered destroyed. Remainder released. (F. & D. Nos. 26790, 
26815.    I. S. Nos. 13218, 13228.    S. Nos. 4916, 4988.)
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 13 and July 29, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid two libels praying seizure 
and condemnation of 487 cases and 2,190 cases, respectively, of tomato puree, 
remaining in the original unbroken packages at Los Angeles, Calif., alleging that 
the article had been shipped by the "Woods Cress Canning Co., in part on or 
about June 13, 1931, from Clearfield, Utah, and in part on or about September 
20, 1930, from "Woods Cross, Utah, 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. A portion of the article was labeled in part: (Can) 
" Clearfield Brand Tomato Puree Packed by "Woods Cross Canning Co., Woods 
Cross, Utah."
It was alleged in the libels that the article was adulterated in that it consisted 
in part of a decomposed vegetable substance.
The Arthur P. Jacobs Co. (Inc.), Los Angeles, Calif., entered an appearance 
in the action involving 487 cases of the product, and S. E. Rykoff & Co., a 
copartnership, Los Angeles, Calif., entered an appearance in the action involving 
2,190 cases. The said claimants in their respective answers admitted the 
material allegations of the libels, prayed that the product be released for 
separation by means of certain identifying code markings, and filed bonds con- 
ditioned that the article should not be sold or otherwise disposed of contrary 
to the Federal food and drugs act, or other laws. On January 7, 1932, bonds 
in the total sum of $3,000 having been filed by the claimants, and the adulterated 
portions having been separated from the unadulterated portions under the 
supervision of this department, decrees were entered ordering that the adul- 
terated portions in both actions, consisting of 756 cases and 3 cans be destroyed, 
and that the remainder consisting of 1,853 cases and 6 cans (the amount seized 
was somewhat less than the amount covered by the libels), be released to the 
claimants in the proportion to which they were entitled.
ARTHUR M. HYDE, Secretary of Agriculture.