24971. Adulteration of tomato paste.     U. S. v. 18 Cases of Tomato Paste.    De¬
fault   decree   of  condemnation  and  destruction.     (F.   & D.   no.   35651. 
Sample no. 24573-B.)
This case involved a shipment of tomato paste that contained excessive mold.
On June 17, 1935, the United States attorney for the Middle District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 18 cases of tomato 
paste at Wilkes-Barre, Pa., alleging that the article had been shipped in inter- 
state commerce on or about December 11, 1934, by the Gervas Canning Co., Inc., 
from Fredonia, N. Y., and charging adulteration in violation of the Food 
and Drugs Act. The article was labeled in part: "Tasty Brand Tomato 
Paste   *    *    *   Packed by Stanley Packing Company, Inc. Forestville, N. Y."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a decomposed vegetable substance.
On July 31, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.