27402. Adulteration of tomato paste.     U. S. v. 1,000 Cartons and ISO Cases of
Tomato Paste. Consent decrees of condemnation. Product released 
under bond for segregation and destruction of unfit portion.    (F. & D.
nos. 36284, 36436.    Samples nos. 16059-B, 16069-B.) 
U. S. v. 800 Cases of Tomato Paste.   Decree of condemnation and destruc- 
tion.    (F. & D. no. 36287.   Sample no. 15557-B.)
Samples of this product were found to contain filth resulting from worm 
infestation.
On September 8, 9, and 28, 1935, the United States attorney for the Southern 
District of New York, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 1,000 cartons 
and 130 cases of tomato paste at New York, N. Y., and 800 cases of tomato paste
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at Mount Vernon, N. Y., alleging that the article had been shipped in interstate 
commerce in various shipments on or about July 20, 23, and 26, 1935, by the 
Anaheim Canning Co. (or Anaheim Canning Corporation) from Anaheim, Calif., 
and charging adulteration in violation of the Food and Drugs Act. The article 
was labeled variously: "Re Umberto Tomatine Concentrated Tomato Paste 
* * * United Pure Food Co., N. Y. Distributors * * *"; "Eagle Brand 
Tomato Paste * * * Packed by A. Glorioso New Orleans, La."; "Garibaldi 
Brand Tomato Paste    *    *    *    Distributors Garibaldi Sales Co., New York."
It was alleged to be adulterated in that it consisted in whole or in part of 
a filthy vegetable substance.
On March 25, 1937, Angelo Glorioso, claimant for the lot seized at Mount 
Vernon, N. Y., having with leave of court, withdrawn his answer, judgment 
of condemnation was entered and it was ordered that the lot be destroyed and 
that costs be taxed against the claimant. On April 5, 1937, the Anaheim Can- 
ning Co., Inc., claimant for the remaining lots, having withdrawn its answer 
but not its claim, and having admitted the allegations of the libels and con- 
sented to the entry of decrees, judgments of condemnation were entered and it 
was ordered that said lots be released under bond, conditioned that the portions 
which were unfit for human consumption be segregated and destroyed.
M. L. WILSON, Acting Secretary of Agriculture.