12536. Adulteration and misbranding' of apples.     IT. S. v. Roland R. Singrer
and Morris L. Gaskill (Singrer ?fc Gaskill).     Pleas of guilty.     Fine,
$75.     (F. & D. No. 16841.    I. S. Nos. 6044-t, 6045-t, 6046-t, 6047-t.)
On February 13, 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 Roland B. Singer and Morris L. Gaskill, copartners, trading as Singer 
& Gaskill, Wilson, N. Y., alleging shipment by said defendants in violation 
of the food and drugs act as amended, on or about March 4, 1922, from the 
State of New York into the State of Pennsylvania, of quantities of apples 
which were adulterated and misbranded. The article was labeled in part: 
(Barrel) " New York Standard A Grade" and " Min. 2% Inch," " Min. Size 
2%" and " Min. Size 2% In.," as the case might be. A portion of the bar- 
rels were further labeled, " Standard Barrel," and another portion bore no 
statement of the net contents of the said barrels.
Examination of the article by the Bureau of Chemistry of this department 
showed that the barrels contained many apples under the size declared on 
the labels and that a portion of the barrels contained apples infested with 
insects.
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 less than 2% inches in diameter each had been substituted in part for 
New York Standard A Grade apples 2% inches in diameter, which the article 
purported to be.
Misbranding was alleged for the reason that the statement, to wit, " New 
York Standard A Grade Min. Size 2% In.," borne on the barrels containing 
the article, was false and misleading in that the said statement represented 
that the barrels contained only New York Standard A Grade apples at least 
2% inches in diameter each, and for the further reason that it was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that the 
aaid barrels contained only New York Standard A Grade apples 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 said barrels did contain in part apples less 
than 2^2 inches in diameter each. Misbranding was alleged with respect to 
a portion of the article for the reason that it was food in package form 
and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package.
On March 13, 1923, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $75.
HOWARD M. GORE, Secretary of Agriculture.