18114. Adulteration of   canned   pimientos.    U.   S.   v.   79   Cases,   et   al.,   off
Pimientos. Decrees of condemnation entered. Product released 
under bond. (F. & D. Nos. 25490, 25753, 25757. I. S. Nos. 8756, 8832. 
8836.    S. Nos. 3772, 4004, 4008.)
Samples of pimientos in glass from the shipments herein described having 
been found to be decomposed, the Secretary of Agriculture reported the matter to 
the United States attorney for the Western District of New York.
On or about December 11, 1930, and January 17 and January 20, 1931, the 
United States attorney filed in the District Court of the United States for the 
district aforesaid libels praying seizure and condemnation of 391 cases of pimi- 
entos in glass, remaining in the original unbroken packages in part at Buffalo, 
N. Y., and in part at Rochester, N. Y., alleging that the article had been shipped 
by the Pomona Products Co., Griffin, Ga., in part on or about September 13, 
1930, and in part on or about October 10, 1930, and had been transported from 
the State of Georgia into the State of New York, and charging adulteration in 
violation of the food and drugs act. A portion of the article was labeled in 
part: (Jar) "Pomona Brand * * * pimientos Grown and Packed by 
Pomona Products Co., Griffin, Ga." The remainder of the said article was 
labeled in part: (Jar) " Sunshine Brand * * * Pimientos Pomona Prod- 
ucts Co. Griffin, Ga."
It was alleged in the libels that the article was adulterated in that it consisted 
in whole or in part of a decomposed vegetable substance.
On March 17, 1931, the Pomona Products Co., Griffin, Ga., having appeared as 
claimant for the property, judgments of condemnation were entered and it was
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of bonds totaling $1,173, conditioned in part 
that it be sorted under the supervision of this department to separate the good 
portion from the bad portion, and not to be disposed of contrary to law.
ABTHTJB M. HTDE, Secretary of Agriculture.