11974. Adulteration and misbranding of tomato puree.    U. S. v. James P. Spoto
(Northwestern Canning & Packing Co.). Plea of guilty. Fine, $500 on 
count 1; jail sentence of 1 year on remaining counts suspended, and 
defendant placed on probation for 5 years. (F. D. C. No. 22064. Sample 
Nos. 1288-H, 1289-H, 54558-H.)
INFORMATION FILED : May 8,1947, against James P. Spoto, trading as the North- 
western Canning & Packing Co., at Seffner, Fla.
ALLEGED SHIPMENT: On or about June 28 and July 5, 1946, from the State of 
Florida into the States of Alabama and Georgia.
LABEL IN PART :   "Old Glory Brand   Tomato Puree."
NATURE OF CHARGE: Adulteration (1 lot only), Section 402 (a) (3), the product 
consisted in part of a decomposed substance by reason 6f the presence of decom- 
posed tomato material.
Misbranding (all lots), Section 403 (g) (1), the product failed to conform 
to the regulations prescribing a standard for tomato puree, since it contained 
less than 8.37 percent of salt-free tomato solids.
DISPOSITION : June 19,1947. A plea of guilty having been entered, the defendant 
was fined $500 on count 1, and was sentenced to 1 year's imprisonment on each 
of the remaining 3 counts, to run concurrently. The prison sentence was to be 
suspended upon payment of the fine. The fine was paid, and the defendant was 
placed on probation for a period of 5 years.