1774. Adulteration of tomato paste and peeled tomatoes; adulteration and mis¬
branding; of tomatoes with puree from trimmings. U. S. v. Riverbank 
Canning Co.  and Lorenzo Zerillo.     Pleas of guilty.    Total fines, $360.
(F, D. C. No. 2871. Sample Nos. 56441-D, 56478-D, 56479-D. 72856-D, 
72944-D, 72950-D, 72954-D, 72962-D, 73382-D, 73658-D, 73659-D, 85690-D, 
85842-D, 85843-D,  85844-D, 86053-D, 92039-D, 92040-D, 92377-D, 92422-D.)
A portion of these products contained excessive mold, indicating the presence 
of decomposed material; portions contained worm and insect fragments and 
in certain instances both conditions were found. One lot was falsely labeled 
as to the name and place of business of the packer.
On December 12, 1940, the United States attorney for the Northern District 
of California filed an information against the Riverbank Canning Co., a cor- 
poration, Riverbank, Calif., and Lorenzo Zerillo, alleging shipment within the 
period from on or about November 13, 1939, to on or about February 13, 1940, 
from the State of California into the States of New York, Rhode Island, 
Florida, Maine, and Massachusetts, of quantities of tomato paste and peeled 
tomatoes which were adulterated and of a quantity of tomatoes with puree 
from trimmings which was adulterated and misbranded. The tomato paste 
was labeled in part: "Madonna Brand [or "Fiamma"] Tomato Paste *. * * 
Packed by Riverbank Canning Company"; "Del Bueno Tomato Paste Distrib- 
utors P. Astarbi & Co. Inc. Brooklyn, N. Y."; "Appetit Brand * * * Dis- 
tributors J. Ossola Co. Pittsburgh"; "Premium * * * Tomato Paste Francis 
H. Leggett & Co. Distributors New York, N. Y."; "Campagnola Brand Tomato 
Paste * * " * Packed by Harbor City Canning Co. Los Angeles, California"; 
"Minervini Brand Tomato Paste * * * Packed by John Minervini Hoboken, 
N. J."; "Baiadera Brand Tomato Paste * * * Packed in California for 
G. Cuccia & Sons, Inc. New York"; "Buon Gusto Natural Tomato Paste * * * 
Sole Distributors Bestaste Products Company Buffalo, N. Y."; the peeled toma- 
toes were labeled in part: "Zello Brand * * * Packed by Riverbank 
Canning Company." The tomatoes with puree from trimmings were labeled 
in part: "Diana Brand * * * Packed and Guaranteed by Zerillo and La Fata 
Heraldsburg, California."
Portions of the tomato paste and the peeled tomatoes were alleged to be 
adulterated in that they consisted in whole or in part of decomposed sub- 
stances. Portions of the tomato paste were alleged to be adulterated in that 
they consisted in whole or in part of filthy substances. The remainder of 
the tomato paste and the tomatoes with puree from trimmings were alleged 
to be adulterated in. that they consisted in whole or in part of a filthy and 
decomposed substance.
The tomatoes with puree from trimmings were alleged to be misbranded in 
that the statement "Packed by * ' * * Zerillo and La Fata Heraldsburg, Cal- 
ifornia" was false and misleading since the product was not packed by Zerillo 
and La Fata, Heraldsburg, Calif.
On December 18, 1940, pleas of guilty having been entered by the indi- 
vidual defendant for himself and on behalf of the corporation, the court 
sentenced each defendant to pay a fine of $10 on each of 18 counts of the
information, the total fines amounting to $360.
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