30107. Misbranding of canned cherries.    IT. S. v. 200 Cases of Canned Cherries.
Consent decree of condemnation.    Product released under bond to be 
relabeled.    (F. & D. No. 43272.   Sample No. 15073-D.)
This product was substandard because of the presence of an excessive number 
of pits and it was not labeled to indicate that it was substandard.
On August 10, 1938, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 200 cases of canned 
cherries at San Francisco, Calif.; alleging that the article had been shipped 
in interstate commerce on or about July 30,1938, by Stayton Canning Co. Co-Op. 
from Stayton, Oreg.; and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "H M Hi Man Louis T. Snow & Co. 
Distributors   San Francisco, Calif.   Water Pack Pitted Red Sour Cherries."
It was alleged to be misbranded in that it was canned food and fell below 
?the standard of quality and condition promulgated by the Secretary of Agricul- 
ture, since there was present more than 1 cherry pit per 20 ounces of net contents, 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by the Secretary indicating that it fell below such standard.
On January 12, 1939, Stayton Canning Co. Co-Op., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment of condemnation was entered and it was ordered that the product be 
released under bond conditioned that it be relabeled to conform to the provisions 
-of the Food and Drugs Act.
HABBY L. BROWN, Acting Secretary of Agriculture.