636. Adulteration of tomato paste.     U. S. v. 679 Cases of Tomato Paste  (and 8
other seizure actions involving tomato paste). Consent decrees of con- 
demnation. Product ordered released under bond for segregation and 
destruction of unfit portions. (F. D. C. Nos. 1187, 1192, 1353, 1S54, 1429, 
1430, 1458. 3 539, 1739. Sample Nos. 56441-D, 56442-D, 72950-D, 72954-D, 
85690-D, 85842-D, 85843-D, 85844-D, 86053-D.)
Samples taken from three lots of this product were found to contain excessive 
mold, indicating the presence of decomposed material. Those taken from the 
remaining lots were found to contain fragments of larvae and other filth 
resulting from insect infestation.
Between December 22, 1939, and April 3, 1940, the United States attorneys 
for the Northern District of New York, the Eastern District of New York, 
the Southern District of New York, and the District of New Jersey, filed libels 
against 1,359 cases of tomato paste at Albany, N. Y., 362 cases at Brooklyn, N. Y., 
590 cases at New York, N'. Y., and 430 cases of the product at Hoboken, N. J. 
On February 15, 1940, the libel that was filed in the Eastern District of 
New York on January 15, 1940, was amended. It was alleged in the libels 
that the article had been shipped in interstate commerce within the period
from on or about November 9, 1939, to on or about January 23, 1940, by 
the Riverbank Canning Co. from Riverbank, Calif.; and that it was adul- 
terated. The article was labeled in part variously: "Madonna Brand Tomato 
Paste Packed by Riyerbank Canning Company"; "Campagnola Brand Tomato 
Paste * * * Packed by Harbor City Canning Company, Los Angeles, Cali- 
fornia"; "Minervini Brand Pure Tomato Paste * * * Packed for John 
Minervini, Hoboken, N. J.";  "Fancy Del Bueno Brand Pure Tomato Paste
* * * Distributors P. Astarbi and Co., Inc."; "Baiadera Brand Tomato 
Paste * * * Packed in California for G. Cuccia & Sons Incorporated. 
New York;" "Premier Tomato Paste Francis H. Leggett & Co., Distributors 
New York"; or "Appetit Brand Tomato Paste Distributors J. Ossola Co. New 
York."
Adulteration was alleged with respect to portions of the article in that it 
consisted in whole or in part of a decomposed substance. Adulteration was 
alleged with respect to the remainder in that it consisted in whole or in 
part of a filthy substance.
On February 2, February 20, March 9, and June 28, 1940, the Riverbank 
Canning Co., claimant, having admitted the allegations of the libels and 
having consented- to the entry of decrees, judgments of condemnation were 
entered, and it was ordered that the product be released under bond conditioned 
that any portions which were fit for human consumption be segregated from 
the unfit portion and that the latter be destroyed.