19538. Adulteration of tomato puree.    V. S. v. 1,120 Cases, et al., of Tomato
Puree. Decrees of condemnation entered. Product released 
under bond. (F. & D. Nos. 26527, 26528, 26713, 26719, 26725. I S. Nos. 
11715, 11716, 11717, 11718, 11720.    S. Nos. 4841, 4842, 4843, 4857, 4876.)
Samples of tomato puree taken from the various shipments herein described 
were found to contain excessive mold.
On June 24, June 25, and July 2, 1931, the United States attorney for the 
Southern District of California, acting upon a report by the Secretary of Agri-
culture, filed in the District Court of the United States for the district aforesaid 
libels praying seizure and condemnation of 6,938 cases of tomato puree, re- 
maining in the original unbroken packages at Los Angeles, Calif., alleging that 
the article had been shipped by the Pleasant Grove Canning Co., in part from 
Pleasant Grove, Utah, and in part from Orem, Utah, on various dates between 
February 13, 1931 and June 1, 1931, and had been transported in interstate 
commerce from the State of Utah into the State of California, and charging 
adulteration in violation of the food and drugs act. A portion of the article 
was labeled in part: (Can) " Timpanogos Brand [or " Pleasant Grove Brand "] 
Tomato Puree Packed By Pleasant Grove Canning Co., Pleasant Grove—Orem, 
Utah." The remainder of the said article was labeled in part: (Can) " Golden 
Rey Brand Tomato Puree Packed For Pacific Wholesale Grocery Company, 
Los Angeles."
It was alleged in the libels that the article was adulterated in that it con- 
sisted in part of a decomposed vegetable substance.
On June 21, 1932, the Pleasant Grove Canning Co., Pleasant Grove, Utah, 
having filed a claim and answer admitting the allegations of the libel and 
praying release of the property for the purpose of separating the decomposed 
portion from the edible portion, orders were entered by the court permitting 
release of the said product to the claimant upon the execution of bonds totaling 
$5,203.50, conditioned upon the proper separation as aforesaid, and further con- 
ditioned that it should not be disposed of contrary to the provisions of the 
Federal food and drugs act or the laws of the State of California, and that 
claimant pay costs. On June 28,1932, the court having found that the conditions 
of the bonds had been complied with, judgments were entered condemning the 
article as adulterated and ordering that the release be made permanent and 
the bonds exonerated.
ARTHUR M. HYDE, Secretary of Agriculture.