20345. Adulteration of  canned  tomatoes.     U.S.  v.  997 and  1,998  Cases   of 
* Canned    Tomatoes.      Decrees    of   condemnation   and    forfeiture.
Portion   of  product  released  under  bond:   remainder   destroyed.
(F. & D. nos. 28926, 28951.    Sample nos. 10477-A, 11719-A.)
These actions involved quantities of canned tomatoes, samples of which 
were found to contain maggots.
On or about September 20 and 26, 1932, the United States attorney for the 
District of Connecticut, acting upon reports by the Secretary of Agriculture, 
filed in the District Court of the United States for the district aforesaid libels 
praying seizure and condemnation of 2,995 cases of canned tomatoes, remaining 
in the original unbroken packages, in part at Bridgeport, Conn., and in part 
at East Hartford, Conn., alleging that the article had been shipped in inter- 
state commerce on or about June 15, 1932, by the First National Stores, from 
Boston, Mass., into the State of Connecticut, and charging adulteration in
violation of the Food and Drugs Act. The article was labeled in part: " Pride ' 
of the Farm Brand * * * Tomatoes Thomas Roberts & Co., Philadelphia,' 
Pa., U.S.A. Distributors."
It was alleged in the libels that the article was adulterated in that it con- 
sisted wholly or in part of a filthy vegetable substance.
On October 29, 1932, claimant having appeared and petitioned release of the 
good portion of the product, and having filed an answer admitting the allega- 
tions of the libel and consenting to the destruction of the unfit portion, judg- 
ments were entered condemning and forfeiting the property. The decrees 
provided, however, that portions of the goods identified by certain codes be 
released to the claimant upon the filing of bonds totaling $1,000, conditioned 
that they be disposed of under the supervision of this Department; that the 
remainder be destroyed and that claimant pay all costs of the proceedings. 
The goods released under bond were examined and all unfit portions destroyed.
R. G. TUGWELL, Acting Secretary of Agriculture.