16492. Adulteration and alleged Misbranding of tomato puree.   U. S. v. Pleasant
Hill Canning Co. and Garnet C. Amick. Pleas of not guilty; subse- 
quently changed to guilty. Fine of $1,200 against company and $300 
against individual.    (F. D. C. No. 27483.    Sample No. 42006-K.)
INFORMATION FILED : July 6, 1949, Southern District of Ohio, against the Pleas- 
ant Hill Canning Co., a partnership, Pleasant Hill, Ohio, and Garnet C. Amick, 
a partner.
ALLEGED SHIPMENT : On or about October 27, 1948, from the State of Ohio into 
the State of Illinois.
NATURE OF CHARGE: Count 1. Adulteration, Section 402 (a) (3), the article 
consisted in part of a decomposed substance by reason of the presence of 
decomposed tomato material.
Count 2. Misbranding, Section 403 (e) (1), the article failed to bear a 
label containing the name and place of business of the manufacturer, packer, 
or distributor; Section 403 (e) (2), it failed to bear a label containing an 
accurate statement of the quantity of the contents in terms of weight, meas- 
ure, or numerical count; and, Section 403 (g) (2), it failed to conform to 
the definition and standard of identity for tomato puree in that it failed to 
bear a label bearing the name of the food specified in the definition and 
standard.
DISPOSITION : A motion for dismissal of the information was filed on behalf of 
the defendant, based on the grounds (1) that the partnership was not a legal 
entity and (2) that the defendant, Amick, was charged both in his capacity 
as a partner and as an individual, and was therefore being tried twice for the 
same offense. A motion to quash the misbranding charges in the information 
was filed also on the ground that there was no allegation that the article in 
package form was shipped for public consumption in the original containers. 
After consideration of the briefs of the parties, the court overruled the mo- 
tions on or about January 11, 1950. A plea of not guilty was entered on be- 
half of the defendant on February 6, 1950, and on June 8, 1950, the case came 
on for trial.
Witnesses for the Government were heard on June 8 and 9, 1950, when the 
trial adjourned for the week end. When court reconvened on June 12, 1950, 
the defendants changed their pleas to guilty to count 1 of the information, 
after which, upon motion by the Government, count 2 was dismissed. On 
June 12, 1950, the court imposed a fine of $1,200 against the partnership and 
$300 against the individual.
MEAT AND POULTRY