25303.  Adulteration   and misbranding of   canned   cherries.     IT.   S.   v.   Western 
Oregon Packing Corporation.     Plea of guilty.    Fine, $50.    (F. & D. no.
35888.    Sample no. 71223-A.)
This case was based on a shipment of canned cherries samples of which were 
found to contain maggots. Examination further showed that the product was 
substandard because of the presence of excessive pits and that it was not 
labeled to indicate that it was substandard.
On August 31, 1935, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Western Oregon Packing Corporation, Corvallis, 
Oreg., alleging shipment by said company in violation of the Food and Drugs 
Act as amended, on or about March 9, 1934, from the State of Oregon into the 
State of Idaho of a quantity of canned cherries which were adulterated and 
misbranded. The article was labeled in part: (Can) "Porto Brand * * * 
Sour Pitted Cherries Packed In Water * * * Mason, Ehrman & Co 
Portland, Ore."
The article was alleged to be adulterated in that it consisted in whole and in 
part of a filthy vegetable substance.
Misbranding was alleged for the reason that the article was canned food and 
fell below the standard of quality and condition promulgated by the Secretary 
of Agriculture and its package or label did not bear a plain and conspicuous 
statement prescribed by regulations of this Department indicating that it fell 
below such standard.
On October 8, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $50.
R. G. TUGWELL, Acting Secretary of Agriculture.