12097. Adulteration   and misbranding   of  apples.     U.  S.  v.   Myron  Roberts.
Plea of guilty.     Fine, $25.     (F. & D. No. 16946.     I. S. No. 6041-t.)
On March 6, 1923, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Myron Roberts, Hilton, N. Y., alleging shipment by said defendant, in violation 
of the Food and Drugs Act, on or about February 8, 3922, from the State of 
New York into the State of Pennsylvania, of a quantity of apples which were 
adulterated and misbranded. The article was labeled in part: " New York 
Standard 'A' Grade Packed By M. Roberts Hilton, N. Y. Min. Size 2J In."
Examination by the Bureau of Chemistry of this department of 4 barrels, 
from the consignment showed that each of the said barrels contained many 
apples that were under the size declared on the label, many that were infested 
with insects, and some that were badly rusted. Three of the said barrels, 
contained some apples that were wholly without color.
Adulteration of the article was alleged in the information for the reason 
that apples of a lower grade and quality than New York Standard A Grade 
and of less than 2-J inches in diameter each had been substituted in part for 
New York Standard A Grade apples of 2J inches in diameter each, which 
the said article purported to be.
Misbranding was alleged for the reason that the statement, to wit, " New 
York Standard 'A' Grade * * * Min. Size 2i In.," borne on the barrels 
containing the article, regarding the said article, was false and misleading 
in that it represented that the said barrels contained only New York Standard 
A Grade apples of at least 2i inches in diameter each, and for the further 
reason that the article was labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that the said barrels contained only New York 
Standard A Grade apples of at least 2? inches in diameter each, whereas, in 
truth and in fact, they did not but contained in part apples of a lower grade- 
and quality than New York Standard A Grade apples and contained in part 
apples of less than 2% inches in diameter each.
On November 13, 1923, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $25.
HOWARD M. GORE, Acting Secretary of Agriculture.