29576. Adulteration of   cheese.     U.   S.   v.   Carl   Hopperdietzel   (Hopperdietzel
Cheese Factory).   Plea of guilty.   Fine, $25.    (F. & D. No. 42584.    Sample 
No. 2796-D.)
This product was deficient in fat and contained excess moisture.
On September 21, 1938, the United States attorney for the District of 
Colorado, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Carl Hopperdietzel, trading as the Hop- 
perdietzel Cheese Factory, Merino, Colo., alleging that on or about January 6, 
1938, the defendant sold and delivered to Swift & Co., a corporation, Denver, 
Colo., a quantity of cheese under a guaranty that the product was not adult- 
erated or misbranded within the meaning of the Federal Food and Drugs Act; 
that on or about March 22, 1938, Swift & Co. shipped a quantity of the product 
in the identical condition as when so sold and delivered and guaranteed, from 
the State of Colorado into the State of Wyoming; that the said article was 
adulterated within the meaning of the Food and Drugs Act, and that by rea- 
son of the guaranty the defendant was amenable to prosecution for such 
shipment   The article was labeled in part: "Full No. 1 Cream."
Adulteration was alleged in that a substance deficient in fat and containing 
excess moisture, to wit, a substance containing less fat and more moisture than 
is contained in full cream cheese, had been substituted for full cream cheese, 
which it purported to be.
On October 6, 1938, the defendant entered a plea of guilty and the court 
imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.