28083. Adulteration and misbranding of olive oil.    17. S. v. Paul Monacelli (Bet-
tola Grocery). Plea of guilty. Fine, $175, $150 of which was sus- 
pended and defendant placed on probation for 3 months.     (F. & D. No.
38602.   Sample Nos. 66601-B, 66602-B.)
These two lots of alleged olive oil consisted in large part of cottonseed oil 
and rapeseed oil, respectively.
On June 11, 1937, the United States attorney for the District, of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against Paul Monacelli, trading as Bettola Grocery, at West 
New York, N. J., alleging that on or about January 2, 1936, the said defendant 
had shipped from the State of New Jersey into the State of Rhode Island 
quantities of alleged olive oil which was adulterated and misbranded in viola- 
tion of the Food and Drugs Act.
The article was alleged to be adulterated in that artificially colored cotton- 
seed oil in one instance and rapeseed oil in the other had been mixed and 
packed with it so as to reduce, lower, and injuriously affect its quality and 
strength, and had been substituted in part for olive oil, which it purported 
to be.
Misbranding was alleged in that the statements, "Olive Oil" on the label of 
one lot, and "Italian Produce Sublime Olive Oil Imported * * * Lucca 
* * * The Olive Oil contained in this can is pressed from fresh picked 
high grown fruit, packed by the grower under the best sanitary condition, 
and guaranteed to be absolutely pure under any chemical analysis" on the 
label of the other, were false and misleading and were borne on the said 
labels so as to deceive and mislead the purchaser.
On November 19, 1937, a plea of guilty was entered by the defendant and 
the court imposed a fine of $175, $150 of which was suspended and defendant 
was placed on probation for 3 months.
HARBY L. BROWN, Acting Secretary of Agriculture.