17042. Adulteration and misbranding of canned tomatoes.   U. S. v. 373 Cases
*    *    *.    (F. D. C. No. 30309.    Sample No. 70298-K.) 
LIBEL FILED :   November 29,1950, District of Kansas. 
ALLEGED SHIPMENT:    On or about September 14, 1950, by the Rush Canning Co.,
from Washburn, Mo. 
PRODUCT:   373 cases, each containing 24   1-pound, 3-ounce cans, of tomatoes at
Coffeyville, Kans.
LABEL IN PART :    "Can-D-Lite Brand    Tomatoes."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a filthy substance by reason of the presence of fly eggs 
and maggots; and, Section 402 (a) (4), it had been prepared under insanitary 
conditions whereby it may have become contaminated with filth.
Misbranding, Section 403 (h)   (1), the product fell below the standard of 
quality for canned tomatoes since it contained excessive peel.
DISPOSITION : January 22, 1951. Default decree of condemnation and 
destruction.