20143. Adulteration of tomato  puree.     U.S. v.  58  Cases  of  Tomato Puree.
Default   decree   of  condemnation  and   destruction.     (F.   &  D.   No.
28395.    Sample No. 13105-A.)
This case involved the shipment of a quantity of tomato puree, samples of 
which were found to contain excessive mold.
On June 22, 1932, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the district aforesaid, holding a district court, a libel praying seizure 
and condemnation of 58 cases of tomato puree, remaining in the original un- 
broken packages at Washington, D.C., alleging that the article had been shipped 
on or about April 25, 1932, by Frey & Son, from Oakfield, N.Y.,. and had been 
transported from the State of New York into the District of Columbia, and 
charging adulteration in violation of the Food and Drugs Act. The article 
was labeled in part: "Empire State Brand * * * Tomato Puree Packed 
by Stittville Canning Co., Principal Office, Utica, N.Y."
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a filthy, decomposed, or putrid vegetable substance.
On September 19, 1932, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.