4663. Adulteration and misbranding of apple butter.    U. S. v. California Preserv¬
ing Co.    Plea of guilty.    Fine, $500, of which $250 was remitted.     (F. D.
C. No. 8811.    Sample Nos. 1422S-F, 14264-F.)
This product contained hairs resembling rodent hairs failed to conform to the 
definition and standard of identity for apple butter, and was short weight.
On March 1, 1943, the United States attorney for the Southern District of 
California filed an information against the California Preserving Co., a corpo- 
ration, Los Angeles, Calif., alleging shipment on or about May 1, 1942, from the 
State of California into the State of Arizona of a quantity of apple butter that 
was adulterated and misbranded. The article was labeled in part, (Jars) 
"Black and White Pure Apple Butter * * * Haas Baruch & Co. Los Angeles 
Calif.   Distributors."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy substance.
It was alleged.to be misbranded (1) in that the statement "Net Wt. 2 Lb. 6 Oz.," 
borne on the jar labels, was false and misleading since the jars contained less 
than 2 pounds ,6 ounces; (2) in that it was in package form and failed to bear 
a label containing an accurate statement of the quantity of the contents; (3) in 
that the statement "Apple Butter," borne on the cases and jar labels, was false and 
misleading since it did not conform to the definition and standard of identity 
for apple butter; and (4) in that it purported to be and was represented as apple 
butter, a food for which a definition and standard of identity had been promuL- 
gated pursuant to regulations as provided by law, but it did not conform to such 
definition and standard of identity since the soluble solids content of the finished 
apple butter was less than 43 percent.
On March 22, 1943, a plea of guilty having been entered on behalf of the de- 
fendant, the court imposed a fine of $250 on each of the 2 counts in the informa- 
tion, but ordered that judgment be satisfied by a payment of $250 on the first 
count.