28091. Adulteration of tomato paste.    U. S. v. 421 Gases, 853 Cases, 255 Cases,
and 129 Cases of Tomato Paste. Consent decree of condemnation. 
Product released under bond for segregation of portion fit for human 
consumption, and destruction of remainder. (F. & D. Nos. 38851, 38901, 
38936,  39959.    Sample Nos. 17031-C,  17033-C, 17564-C, 26455-C.)
Samples of this product were found to contain filth resulting from worm 
and insect infestation.
On December 19, 1936, and January 4, 11, and 14, 1937, the United States 
attorney for the Eastern District of New York, acting upon a report by the 
Secretary of Agriculture, filed in the district court four libels praying seizure 
and condemnation of 1,658 cases of tomato paste at Brooklyn, N. Y., alleging 
that the article had been shipped in interstate commerce on or about October 
16, 21, and 25 and November 4, 1936, from Harbor City and Los Angeles, Calif., 
by the Harbor City Food Corporation, and charging adulteration in violation 
of the Food and Drugs Act. The article was variously labeled in part: 
"Campagnola Brand Tomato Paste Harbor City Food Corporation Los Angeles 
California"; "Diaz Brand Salsa Di Pomidoro Con Basilico Natural Color. 
Solafani Bros. Brooklyn, N. Y. Distributors Tomato Paste"; "Cara Brand 
Tomato Paste Italian Style * * *    Distributors Acierno Bros., Brooklyn, N. Y."
The article was alleged to be adulterated in that it consisted in whole or 
in part of a filthy vegetable substance.
On December 16, 1937, and January 17, 1938, the Harbor City Food Corpora- 
tion, claimant, having admitted the allegations of the libels and having con- 
sented to the entry of decrees, judgments of condemnation were entered and the 
product was ordered released under bond for segregation of the portion fit for 
human consumption, and for destruction of the remainder.
HARBY L. BROWN, Acting Secretary of Agriculture.