20130. Adulteration   and misbranding of   canned   tomatoes.   U.   S.  v.  1,996
Cases * * *.    (F. D. C. No. 34149.    Sample No. 36552-L.) 
LIBEL FILED :    November 19,1952, Southern District of Indiana. 
ALLEGED SHIPMENT :   On or about September 8, 1952, by Albert W. Sisk & Son, 
from Mill ord, Del.
PRODUCT: 1,996 cases, each containing 24 unlabeled cans, of tomatoes at Indian- 
apolis, Ind.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a filthy substance by reason of the presence of fly eggs 
and maggots, and of a decomposed substance by reason of the presence of de- 
composed tomato material.
Misbranding, Section 403 (e) (1) and (2), the product failed to bear a label 
containing the name and place of business of the manufacturer, packer, or 
distributor, and an accurate statement of the quantity of the contents; Section 
403 (g) (2), the product purported to be and was represented as canned 
tomatoes, a food for which a definition and standard of identity has been 
prescribed by regulations, and it failed to bear a label containing the name 
of the food; and, Section 403 (h) (1), the product fell below the standard 
of quality for canned tomatoes since it contained excessive peel and the label 
failed to bear a statement that the product fell below the standard.
DISPOSITION : April 3, 1953. The sole intervener having consented to the entry 
of a decree, judgment of condemnation and destruction was entered.