F. & D. No. 871.
I. S. No. 17370-a.	
Issued December 17,1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 686, FOOD AND DRUGS ACT.
ADULTERATION  AND  MISBRANDING  OF  "YANDO  EGG  NOODLES."
On or about October 15, 1908, Ernesto Bisi; doing business as?
the U. S. Macaroni Company, Carnegie, Pa., shipped from the State?
of Pennsylvania to the State of West Virginia a consignment of a?
food product labeled "Yando Egg Noodles." Samples from this?
shipment were procured and analyzed by the Bureau of Chemistry,?
United States Department of Agriculture, and as it appeared from?
the findings of the analyst and report made that the product was?
adulterated and misbranded within the meaning of the Food and?
Drugs Act of June 30, 1906, the Secretary of Agriculture afforded?
the said Ernesto Bisi and the party from whom the samples were?
procured opportunities for hearings. As it appeared after hearings?
held that the shipment was made in violation of the act, the Secre??
tary of Agriculture reported the facts to the Attorney-General, with?
a statement of the evidence upon which to base a prosecution.
On May 17, 1910, a criminal information was filed in the District?
Court of the United States for the Western District of Pennsylvania?
against the said Ernesto Bisi, charging the above shipment and?
alleging that the product so shipped was adulterated, in that it was?
stained and colored with a dye of the tartrazine group, and alleging?
that the product was misbranded, in that it was labeled "Yando?
Egg Noodles," when it did not contain sufficient egg to justify the?
use of the word "egg" in the description of the same, and in that?
the coloring matter above-mentioned was added for the purpose?
of giving the noodles the coloring that would be found in the genuine?
properly constituted egg noodles.
On May 21, 1910, the defendant entered a plea of nolo contendere?
to the above information and the court imposed a fine of $50.
This notice is given pursuant to section 4 of the Pood and Drugs?
Act of June 30, 1906.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, November 1, 1910.
66752??No. 686?10