3119.?Adulteration   of   tomato   paste.   U.   S.   v.   5   Cases   of   Tomato   Paste.
Default decree of condemnation, forfeiture, and destruction.     (F. & D.
No. 5244.    S. No. 1832.)
On June 4, 1913, the United States Attorney for the Northern District of West?
Virginia, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and con??
demnation of 5 cases of tomato paste, remaining unsold in the original unbroken?
packages and in possession of the Zarnits Brothers Grocery Co., Wheeling, W. Va.,?
alleging that the product had been shipped by the Ignatius Gross Co., New York,?
N. Y., and transported during the year 1913 from the State of New York into?
the State of West Virginia, and charging adulteration in violation of the Food?
and Drugs Act. The product was labeled: " Conserva Di Tomate Rossa. Guar??
anteed by the American Conserve Co Serial No. 9270. This can contains 15 oz.?
net weight containing 1/10 of 1 ? of Benzoate of Soda and 15 ? Salt."
Adulteration of the product was alleged in the libel for the reason that it?
consisted in whole or in part of a filthy, putrid, or decomposed vegetable sub??
stance.
On August 30, 1913, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 21, 1914.