4721. Adulteration and misbranding of apple Itmtter. TJ. S. * * * v.? Jerome M. Smncker. Plea of nolo contendere. Fine, ijSlO and costs. (F. & D. No. 7177. I. S. No. 1483-k.) On March 7, 1916, the United States attorney for the Northern District of? Ohio, acting upon a report by the Secretary of Agriculture, filed in the District? Court' of the United States for said district an information against Jerome M.? Smucker, Orrville, Ohio, alleging shipment by said defendant, in violation of? the Food and Drugs Act, on or about January 21, 1915, from the State of Ohio? into the State of Pennsylvania, of a quantity of apple butter which was adul?? terated and misbranded. The article was labeled: (On jug) " Smucker's Pure? Home Made Apple Butter Composed of Select Apples, Cider and Granulated? Sugar Net Weight 2 Lbs. Manufactured by J. M. Smucker Orrville, O." (On? tag) "To * * * From J. M. Smucker Manufacturer of High Grade Apple? Butter Orrville, Ohio." Examination of a sample of the article by the Bureau of Chemistry of this? department showed the following results: Center of containers: Yeasts and spores per 1/60 milligram: (A) 300; (B) 300.? Bacteria per gram: (A) about 200 million; (B) about 200 million.? Mold filaments in: (A) 60 per cent; (B) 64 per cent of the microscopic fields.? No visible evidence of active spoilage when opened, except on surface.? Covered with a dense mass of green mold, a surface growth only.? The product contained an excessive number of organisms, showing that it was made from partly decomposed fruit.? Not made from select apples.? Adulteration of the article was alleged in the information for the reason? that it consisted in part of a filthy and decomposed vegetable substance. Misbranding was alleged for the reason that the statement, to wit, " Pure? Home Made Apple Butter Composed of Select Apples," borne on the label of? the article, regarding it and the ingredients and substances contained therein,? was false and misleading in that it falsely represented that the article was pure? apple butter, composed of select apples, and for the further reason that the? article was labeled as aforesaid so as to deceive and mislead the purchaser? into the belief that it was pure apple butter, composed of select apples, whereas,? in truth and in fact, it was not, but was a product made from partly decom?? posed fruit. On March 21, 1916, the defendant entered a plea of nolo .contendere to the? information, and the court imposed a fine of $10 and costs. GAEL VROOMAN, Acting Secretary of Agriculture. 284 BUREAU OF CHEMISTRY [Supplement 25.