10399. Misbranding of  alimentary paste,  macaroni,  and   spaghetti.     U.   S.
* *     *    v. S. Viviano Macaroni Mfg. Co., Inc., a Corporation.     Plea
of guilty. Fine, $30. (F. & D. No. 15597. I. S. Nos. 5302-t, 8598-t, 
7101-t.)
On February 4, 1922, the United States attorney for the Western District 
of Pennsylvana, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district an information 
against the S. Viviano Macaroni Mfg. Co., Inc., a corporation, trading at 
Carnegie, Pa., alleging shipment by said company, in violation of the Food 
and Drugs Act, as amended, from the State of Pennsylvania, on or about 
June 21, 1920, into the State of Massachusetts, of a quantity of alimentary 
paste; on or about June 30, 1920, into the State of West Virginia, of a quantity 
of macaroni; and on or about February 16, 1921, into the State of New 
Jersey, of quantities of macaroni and spaghetti; all of which were misbranded. 
The articles were labeled in part, respectively: "Alimentary Paste Pasco 
Brand * * * "; " Lanapoletana Made in U. S. A. Maruca Brand Naples 
Style Macaroni of Extra Quality * * * "; " Zitoni"; " Forati"; and 
" Spaghetti."
Misbranding of the articles was alleged in the information for the reason 
that they were food in package form, and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the packages.
On February 18, 1922, a plea of gTiilty to the information was e-tered on 
behalf of the defendant company, and the court imposed a fine of $20.
C. W. PUGSLEY, Acting Secretary of Agriculture.