25859. Adulteration and misbranding of potatoes.    U. S. v. Diercks, Huxtable &
Baldwin, Inc., and Felix A. Lukasavitz.    Pleas of guilty.    Fines, $30.
(F. & D. no. 34059.    Sample no. 64402-A.)
This case involved an interstate shipment of potatoes that fell below the 
standard established by the Secretary of Agriculture and were not labeled to 
indicate that they were substandard.
On August 5, 1935, the United States attorney for the Western District of 
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Diercks, Huxtable & Baldwin, Inc., and 
Felix A. Lukasavitz, Custer, Wis., alleging that on or about April 4, 1934, the 
defendants, in the name of Diercks & Sons, shipped and delivered for ship- 
ment a quantity of potatoes, from Custer, Wis., to Diercks, Huxtable & Baldwin, 
Inc., Chicago, Ill.; that the article had been reconsigned from Chicago, Ill., to 
Lafayette, Ind.; and that it was adulterated and misbranded in violation of the 
Food and Drugs Act The article was labeled in part: "Wisconsin Potatoes 
U. S. Grade No. 1, 100 Lbs. Net Weight When Packed, Diercks & Sons, Antigo, 
Wis."
The article was alleged to be adulterated in that potatoes of a lower grade 
than U. S. No. 1 had been substituted in whole or in part for U. S. grade No. 1 
potatoes, which the article purported to be.
Misbranding was alleged for the reason that the statement "Potatoes U. S. 
Grade No. 1", borne on the sack, was false and misleading, and for the further 
reason that the article was labeled so as to deceive and mislead the purchaser, 
since the potatoes were not U. S. grade No. 1 but were of a lower grade.
On January 7, 1936, and March 9,1936, pleas of guilty were entered on behalf 
of the defendants, and the court imposed a fine of $25 against the corporation 
and $5 against Felix A. Lukasavitz.
W. R. GREGG, Acting Secretary of Agriculture.