19013. Adulteration of tomato puree.    U.  S. -v. 51 Cases  of Tomato Puree.
Default decree of condemnation, forfeiture, and destruction.     (F. &
D. No. 26789.    I. S. No. 13219.    S. No. 4914.)
Samples of tomato puree from the shipment herein described having been 
found to contain excessive mold, the Secretary of Agriculture reported the 
matter to the United States attorney for the Southern District of California.
On July 13, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 51 cases of tomato puree, remaining in the original unbroken 
packages at Los Angeles, Calif., alleging that the article had been shipped by 
the Kaysville Canning Co., Kaysville, Utah, on or about March 8, 1930, and 
had been transported from the State of Utah into the State of California, and 
charging adulteration in violation of the food and drugs act. The article was 
labeled in part: (Can) " Newmark Special Brand Extra Tomato Puree Packed 
for M. A. Newmark & Co., Los Angeles."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed vegetable substance.
On November 12, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture.