28971. Adulteration and misbranding of canned peas; Adulteration of canned cherries. TJ. S. v. Ray-Maling Co., Inc. Plea of guilty. Fine, $750. (F. & D. No. 40748. Sample Nos. 29399-C, 32679-C, 32845-C, 32850-C.) The canned cherries were adulterated because of the presence of maggots. The canned peas were adulterated because of the presence of weevils, and cer- tain lots were misbranded because they were falsely labeled "Garden Run." On December 30, 1937, the United States attorney for the District of Oregon, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Ray-Maling Co., Inc., Hillsboro, Oreg., alleging shipment by said corporation on or about September 30, 1936, and April 3, 1937, from the State of Oregon into the State of Washington of quantities of canned peas that were adulterated and one lot of which was also misbranded in violation of the Food and Drugs Act. The information alleged further violation of the said act in that the said defendant sold to Balfour, Guthrie & Co., Ltd., Portland, Oreg., under a guaranty that the article conformed to the Food and Drugs Act a quantity of canned cherries; that the said article was shipped by the purchaser in the identical condition as when so sold and guaranteed, on or about February 9, 1937, from the State of Oregon into the State of New York, and that the said canned cherries were adulterated in violation of said act; and furthermore that the defendant sold to the Western States Grocery Co., Portland, Oreg., a quan- tity of canned peas under a guaranty of the same import that the said canned peas were shipped by the purchaser on or about March 25, 1937, from the State of Oregon into the State of Washington, in the identical condition as when so sold and guaranteed; that the canned peas were adulterated and misbranded; and that the defendant by virtue of the said guaranties was amenable to prose- cution for such shipments. The peas were labeled in part: "Raycroft * * * Sweet Peas [or "Garden Run Sweet Peas"] * * * Distributed by hea- ling Company, Inc. Hillsboro Oregon." The cherries were labeled in part: "Klipnockie Brand Water Pack Red Pitted Cherries * * * The Oneonta Grocery Co Oneonta, N. Y. Distributors." The canned peas were alleged to be adulterated in that they consisted of a filthy vegetable substance, namely, peas that contained dead pea weevils. Portions of the canned peas were alleged to be misbranded in that the state- ment "Garden Run Sweet Peas" was false and misleading and was borne on the labels so as to deceive and mislead the purchaser, since the article did not consist of garden run peas but consisted of peas of the largest size in the garden run of peas. The canned cherries were alleged to be adulterated in that they consisted of a filthy vegetable substance, namely, cherries infested with maggots. On January 17, 1938, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $750. M. L. WILSON, Acting Secretary of Agriculture.