21640. Adulteration  and misbranding of potatoes.    U.  S.  v.  Rigrby Martin
Potato Co.    Plea of guilty.    Fine, $50.     (F. & D. no. 29451.    I.S. no. 
47906.)
This case was based on an interstate shipment of potatoes which were repre- 
sented to be U.S. No. 1 but which on examination were found to be of a grade 
lower than U.S. No. 1, the sacks examined averaging approximately .14 per- 
cent of grade defects.
On May 10, 1933, the United States attorney for the District of Idaho, acting 
upon a report by the Secretary of Agriculture, filed in the district court an 
information against the Rigby Martin Potato Co., a corporation, Idaho Falls, 
Idaho, alleging shipment by said company in violation of the Food and Drugs 
Act, on or about November 23, 1931, from the State of Idaho into the State 
of Illinois, of a quantity of potatoes that were adulterated and misbranded. 
The article was labeled in part: (Sacks) " Selected U.S. No. 1 Idaho Mountain 
Grown Potatoes."
It was alleged in the information that the article was adulterated in that 
potatoes of a lower grade than U.S. No. 1 had been mixed and packed therewith 
so as to lower and reduce and injuriously affect its quality, and had been 
substituted in part for U.S. No. 1 grade, which the article purported to be.
Misbranding was alleged for the reason that the statement, " U.S. No. 1", was 
false and misleading, and for the further reason that the article was labeled 
so as to deceive and mislead the purchaser, since it consisted in part of potatoes 
inferior to U.S. No. 1 grade.
On October 24, 1933, a plea of guilty to the information was entered on be- 
half of the defendant company, and the court imposed a fine of $50.
M. L. WILSON, Acting Secretary of Agriculture.