22215. Adulteration of   canned tomatoes.     IT.   S.  v.  97S  Cases   of  Canned
Tomatoes. Decree of condemnation and. forfeiture. Product 
released under bond for segregation and destruction of unfit 
portion.     (F. & D. no. 31296.    Sample no. 46768-A.)
Sample cans of tomatoes taken from the shipment involved in this case were 
found to contain insect larvae.
On October 30, 1933, the United States attorney for the Western District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 978 cases of canned 
tomatoes at Lake Charles, La., alleging that the article had been shipped in 
interstate commerce, on or about September 25, 1933, by A. W. Sisk & Son, of 
Preston, Md., from Baltimore, Md., and charging adulteration in violation of 
the Food and Drugs Act. The article was labeled in part: "Hinton's Brand 
Hand Packed Tomatoes * * * Packed by I. D. Hinton & Son, Brown's 
Store, Va."
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a filthy vegetable substance.
On April 6, 1934, Ira D. Hinton & Son, Brown's Store, Va., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the claimant upon payment of costs 
and the execution of a bond in the sum of $500, conditioned that the unfit 
portion be segregated and destroyed.
M. L. WILSON, Acting Secretary of Agriculture.