21274. Adulteration and Misbranding of canned tomatoes. II. S. v. 10 
Cases, et al., of Canned Tomatoes. Default decrees of condemna- 
tion, forfeiture, and destruction. (F. & D. nos. 30613, 30614, 30615, 
30617, 30622, 30644,  30645, 30646, 30647.    Sample nos. 39854-A, 39855-A.)
These cases involved several lots of canned tomatoes, samples of which 
were found to contain flies, maggots, and worms. A portion of the product 
had been made from tomatoes which contained excessive blemishes but was 
not labeled to indicate that it was substandard.
On June 16 and June 20, 1933, the United States attorney for the Middle 
District of North Carolina, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 24 cases 
and 48 cans of tomatoes in various lots at Cordova, Rockingham, and Hamlet, 
N.C. On June 22, 1933, the United States attorney for the Western District 
of North Carolina filed a libel against 26 cases of canned tomatoes at Mor- 
ganton, N.C. It was alleged in the libels that the article had been shipped 
in interstate commerce on or about November 20 and 21, 1932, by the South- 
gate Brokerage Co., from Norfolk, Va., and that it was adulterated and a por- 
tion was also misbranded in violation of the Food and Drugs Act. The article 
was labeled in part: (Can) "Martin Brand Hand Packed Tomatoes * * * 
Packed by Churchland Canning Corp., Churchland, Va."
The libels charged that the article was adulterated in that it consisted in 
whole or in part of a filthy vegetable substance.
Misbranding of a portion of the article was alleged for the reason that it 
fell below the standard of quality and condition promulgated by the Secretary 
of Agriculture for such canned food, because of the presence of excessive 
blemishes, and its package or label did not bear a plain and conspicuous state- 
ment prescribed by regulation of this Department indicating that it fell below 
such standard.
On July 11 and July 15, 1933, no claimant having appeared for the property, 
judgments of condemnation and forfeiture were entered, and it was ordered by 
the court that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.