1961. Misbranding of  canned cherries.     U. S. v.  Stayton Canning Co. CooperaŹ
tive.     Plea of guilty.     Fine, $10.     (F. D. C. No. 4136.    Sample Nos. 22064-B, 
55569-B.) .
On July 16, 1941, the United States attorney for the District of Oregon filed ah 
information against the Stayton Canning Co. Cooperative, a corporation at Stay- 
ton, Oreg., alleging shipment on or about October 20 and November 1, 1940, from 
the State of Oregon into the States of California and Idaho of quantities of 
canned cherries that were misbranded. The article was labeled in part: (Cans) 
"Red Sour Pitted Cherries * * * Distributed by Smith, Lynden & Co. San 
Francisco"; or "Santiam Brand   *   *    *   Red Sour Pitted Cherries."
It was alleged to be misbranded in that, it purported to be a food for which a 
standard of quality had been prescribed by regulations as provided by law, but 
its quality fell below such standard because of the presence of more than 1 pit to 
each 20 ounces of canned cherries, and its label did not bear, in such manner and 
form as the regulations specify, a statement that it-fell below such standard.
On July 17, 1941, a plea of guilty having been entered on behalf of the de- 
fendant, the court imposed a fine of $5 on each count of the information, totaU 
in $10.