5386. Adulteration of tomatoes. IT. S. * * * v. 1,400 Cases of Tomatoes. 
Consent decree of condemnation and forfeiture. Portion of prod- 
uct ordered released on bond, balance ordered destroyed.     (F. & D.
No. 7911.    I. S. Nos. 12419-m, 12420~m.    S. Nos. C-596, C-597.)
On December 9, 1916, the United States attorney for the Eastern District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure 
and condemnation of 1,400 cases of tomatoes, remaining unsold in the original 
unbroken packages at St. Louis, Mo., alleging that the article had been shipped 
on or about October 24 and 25, 1916, by the Brucevilie Canning Co., Windyhill, 
Md., and transported from the State of Maryland into the State of Missouri, 
and charging adulteration in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that added 
water had been mixed and packed therewith so as to reduce and lower and 
injuriously affect its quality and strength, and had been substituted in part 
for said article.
On December 19, 1916, the Buchanan Grocer Co., a corporation, St. Louis, 
Mo., claimant, having filed an answer, judgment of condemnation and forfeiture 
was entered, and it was ordered by the court that the portion of the product 
found by a representative of the Department of Agriculture to be susceptible 
of relabeling to conform to Food and Drugs Act should be delivered to said 
claimant upon the payment of the costs of the proceedings and the execution 
of a bond in the sum of $1,000, in conformity with section 10 of the act, and 
that the portion found not to be susceptible of relabeling should be destroyed 
by the United States marshal.
CAEL VROOMAN, Acting Secretary of Agriculture.