13581. Adulteration and misbranding of apples. IT. S. v. Fred Li. Ferris. 
Plea of guilty. Fine, $75. (F. & D. No. 15850. I. S. Nos. 5944-t, 
5945-t.)
On October 17, 1922, the United States attorney for the Western District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district an information against 
Fred L. Ferris, Albion, N. Y., alleging shipment by said defendant, in viola- 
tion of the food and drugs act as amended, on or about May 11, 1921, from the 
State of New York into the State of Ohio, and on or about May 12, 1921, from 
the State of New York into the State of Pennsylvania, of quantities of apples 
which were adulterated and misbranded. The article was labeled: (Barrel) 
" Baldwins, New York Standard A Grade Min. Size 2% F. L. Ferris, Albion, 
N. Y."
Examination by the Bureau of Chemistry of this department of samples 
consisting of a number of barrels of the product from each consignment showed 
that the said samples averaged 41.33 per cent and 73 per cent, respectively, 
of apples below grade, consisting of undersized, insect injured, and scalded 
apples.
Adulteration of the article was alleged in the information for the reason 
that apples of a lower grade than Baldwins, New York Standard A grade, 
and of a minimum size less than 2% inches in diameter had been mixed 
and packed therewith so as to reduce' and lower and injuriously affect its 
quality, and had been substituted wholly or in part for Baldwins, New York 
Standard A grade apples, of a minimum size not less than 2% inches in diam- 
eter, which the article purported to be.
Misbranding was alleged in substance for the reason that the statement, 
to wit, " Baldwins, New York Standard A Grade Min. Size 21/?," borne on 
the barrels containing the article, was false and misleading, in that the said 
statement represented that the article was composed wholly of New York 
Standard A grade Baldwin apples of a minimum size not less than 2y2 inches 
in diameter, and for the further reason that the article was labeled as afore- 
said so as to deceive and mislead the purchaser into the belief that it con- 
sisted wholly of Baldwins, New York Standard A grade apples of a mini- 
mum size not less than 2% inches in diameter, whereas it did not so con- 
sist but did consist in part of apples less than 2% inches in diameter and of 
a lower grade than declared on the labels. Misbranding was alleged for the 
further reason that the article was an imitation of and offered for sale Tinder 
the distinctive name of another article, and for the further reason that the 
article was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package.
On November 14, 1922, the defendant entei-ed a plea of guilty to the informa- 
tion, and the court imposed a fine of $75.
R. W. DUNLAP, Acting Secretary of Agriculture.