27426. Canned apricots.    (F.D.C. No. 45942.   S. No. 28-676 E.) 
QUANTITY :   89 cases, 24   1-lb. 14-oz. cans each, at Sioux Falls, S. Dak. 
SHIPPED :   3-13-61, from San Jose, Calif., by U.S. Products, Inc.
LABEL IN PART: (Can) "Golden Valley Mixed Pieces of Irregular Sizes and. 
Shapes Very Ripe Unpeeled Apricots in Heavy Syrup * * * Distributed, 
by Nash-Finch Co. Minneapolis, Minn."
RESULTS OF INVESTIGATION: Examination showed the product to be canned 
apricots consisting of whole, unpeeled apricots containing more than 5 percent 
of crushed and broken units.
LIBELED :    6-21-61, Dist. S. Dak.
CHARGE: 403(a)—when shipped, the vignette depicting whole, unbroken apri- 
cots, and the label statement "mixed pieces of irregular sizes and shapes" were 
false and misleading; 403(g) (2)—the article purported to be and was rep- 
resented as canned apricots, a food for which a definition and standard of 
identity has been prescribed by regulations, and its label failed to bear, as 
required by regulations, the name of the optional apricot ingredient, namely, 
"Whole"; and 403(h) (1)—the article fell below the standard of quality for 
canned apricots, since more than 5 percent of the units in a container of 20 
or more units were crushed and broken, and its label failed to bear, as 
required by regulations, the statement "Below Standard in Quality Partly 
Crushed or Broken."
DISPOSITION :    7-20-61.   Consent—delivered to a charitable institution.