15185. Adulteration of canned prunes and alleged Adulteration of canned prune
plums.   U. S. v. Allen Fruit Co., Inc., and William G. Allen.   Pleas of
not guilty.   Tried to the court.   Verdict of guilty on counts 1 and 2 and
verdict of not guilty on count 3; fine of $500 against each defendant.
(F. D. C. No. 23573.   Sample Nos. 62275-H, 67379-H, 67380-H.)
Co., Inc., Salem, Oreg., and William G. Allen, president and manager of the
corporation.
ALLEGED SHIPMENT: On or about October 1 and December 14, 1946, from the 
State of Oregon into the States of Oklahoma and Montana, of a number of 
unlabeled cans of prunes and a number of cans of prune plums.
LABEL IN PART :   "Allen Brand   Oregon Prune Plums."
NATURE OF CHARGE : Canned prunes. Adulteration, Section 402 (a) (3), (counts 
1 and 2) the article consisted in part of a filthy substance by reason of the 
presence of rodent hairs; and, Section 402 (a) (4), it had been prepared and 
packed under insanitary conditions whereby it may have become contami- 
nated with filth.
Canned prune plums. Adulteration, Section 402 (a) (3), (count 3) the 
article consisted in part of a decomposed substance by reason of the presence 
of rotten prunes.
DISPOSITION : Pleas of not guilty having been entered, the case came on for trial 
before the court without a jury on or about September 24, 1948. At the con- 
clusion of the trial, an opportunity was accorded to counsel for the submission 
of briefs; and on April 11,1949, after consideration of the testimony and briefs 
of counsel, the court returned a verdict of guilty as to both defendants on counts 
1 and 2 of the information and a verdict of not guilty on count 3. On September 
6,1949, the court imposed a fine of $500 on each of counts 1 and 2 against both 
defendants, a total fine of $1,000.