21668. Adulteration of evaporated apples. IT. S. v. Manuel J. Davis (M. J. 
Davis).    Plea of grullty.    Fine, $5.     (F. & D. no. 30167.    I.S. no, 47166.)
This case was based on an interstate shipment of evaporated apples that 
were found to be in part insect-infested, decomposed, and dirty.
On June 12, 1933, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Manuel J. Davis, trading as M. J. Davis 
and residing near Sebastopol, Calif. It was alleged in the information that 
On or about November 16, 1931, a quantity of evaporated apples had been 
shipped in interstate commerce from Sebastopol, Calif., to New Orleans, La., 
that the article had been sold under a contract executed by the defendant 
which contained a guaranty that the article conformed with the provisions of 
the Federal Food and Drugs Act, that the article was adulterated in violation 
of said act, and that the defendant was amenable to the prosecution and pen- 
alties which would, but for said guaranty, have attached to the shipper.
The information charged that the article was adulterated in that it con- 
sisted in part of a filthy and decomposed vegetable substance, owing in part 
to the presence therein of worm excreta.
On October 4, 1933, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $5.
M. L. WILSON, Acting Secretary of Agriculture.