11805. Adulteration of tomato puree. TJ. S. v. San Jose Canning Co. and Eugene 
J. Filice. Pleas of nolo contendere. Fines of $150 against the firm and 
$3 against Eugene J. Filice. (F. D. C. No. 21496. Sample Nos. 9140-H, 
46629-H, 63381-H.)
INFORMATION FILED : December 5, 1946, Northern District of California, against 
the San Jose Canning Co., a partnership, San Jose, Calif., and Eugene J. Filice, 
a partner.
ALLEGED VIOLATIONS: On or about November 28, 1944, the defendants gave a 
guaranty to the Regent Canfood Co., San Francisco, Calif., a division of Spee- 
dway Stores, Inc., Oakland, Calif., which contained the provision, among others, 
that any article of food shipped or delivered by the defendants to the latter firm 
would not be adulterated or misbranded within the meaning of the Federal Food, 
Drug, and Cosmetic Act.
On or about November 15, 1945, the defendants delivered a quantity of adul- 
terated canned tomato puree to the Regent Canfood Co.; and on or about De- 
cember 11, 1945, a portion of the product so delivered by the defendants was 
shipped by the Regent Canfood Co., from the State of California into the 
State of Montana. On or about November 21, 1945, the defendants themselves 
shipped from the State of California into the State of New York certain con- 
signments of adulterated tomato puree.
LABEL IN PART :   "Redpack Brand   *   *   *   Tomato Puree."
NATURE OF CHARGE:   Adulteration, Section 402 (a)  (3), the article consisted in"
part of a decomposed substance by reason of the presence of decomposed
tomato material.
DISPOSITION : February 5, 1947. Pleas of nolo contendere having been entered 
by both defendants, the court imposed fines of $150 against the partnership and 
$3 against the individual defendant.