27073. Adulteration of tomato paste.     II. S. v. 34, 30, and 75 Cases of Tomato
Paste. Decrees of condemnation. Decomposed portion destroyed; 
good portion released. (F. & D. nos. 3878G, 38837, 38855. Sample nos. 
12197-0, 12198-C, 26359-C.)
This product was in large part decomposed.
On December 9, 19, and 22, 1936, the United States attorneys for the Eastern 
District of New York and the District of Rhode Island, acting upon reports 
by the Secretary of Agriculture, filed in their respective district courts libels 
praying seizure and condemnation of 34 cases of tomato paste at Brooklyn, 
N. Y., and 105 cases of tomato paste at Providence, R. I., alleging that the 
article had been shipped in interstate commerce on or about September 4 and
5, 1936, by the Flotill Products, Inc., from Stockton, Calif., and charging 
adulteration in violation of the Food and Drugs Act. A portion of the article 
was labeled: "Flotta Brand [or "Sublime Brand"] Pure Tomato Paste * * * 
Packed by Flotill Products Inc., Stockton, Calif." The remainder was labeled: 
"Semaco Brand Naples Style Tomato Paste * * * Packed for Semolina 
Macaroni Co. Inc., Providence, R. I."
The article was alleged to be adulterated in that it consisted in whole or 
in part of a decomposed vegetable substance.
On February 11, 1937, the Flotill Products, Inc., claimant for the goods 
seized at Brooklyn, N. Y., having consented to the entry of a decree, judgment 
was entered providing that the goods might be released under bond on con- 
dition that the decomposed portion be separated therefrom and destroyed, 
otherwise that it all be condemned and destroyed. The claimant having failed 
to comply with the conditions of release, the goods were destroyed.    On April
6, 1937, judgments were entered condemning and forfeiting the two lots seized 
at Providence, R. I. and ordering that the decomposed portions be destroyed 
and the good portion delivered to the firms where the seizure was made.
W. R. GEEGG, Acting Secretary of Agriculture.