22236. Adulteration of tomato puree.    U. S. v. 2,000 Cases of Tomato Puree.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond for segregation and destruction of unfit 
portion.     (F. & D. no. 31570.    Sample nos. 43695-A, 43696-A.)
Examination of samples of tomato puree taken from the shipment in this 
case showed the presence of tomato rot.
On November 13, 1933, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 2,000 cases of 
tomato puree at New York, N.Y., alleging that the article had been shipped in 
interstate commerce, on or about October 6, 1933, by the St. Marys Packing 
Co., from St. Marys, Ohio, and charging adulteration in violation of the Food 
and Drugs Act. The article was labeled in part: " The Famous Royal Scarlet ( 
Brand Tomato Puree."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in whole or in part of a decomposed vegetable substance.
On March 9, 1934, the St. Marys Packing Co., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judg- 
ment 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 $3,500, conditioned that the portion 
found to be unfit for human consumption be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.