9314. Misbranding of canned apricots.    V. S. v. Frank Baiter Canning; Co.   Plea
of nolo contendere.   Fine, $100.    (F. D. C. No. 17812.   Sample Nos. 83888-F, 
22631-H.)
INFORMATION'FILED: On or about February 27, 1946, Northern District of 
California, against the Frank Baiter Canning Co, a corporation, Salinas, 
Calif.
ALLEGED SHIPMENT: On or about August 18 and October 17, 1944, from the 
State of California into the States of Missouri and Washington.
LABEL IN PART: (One shipment) "Red Sail Whole Peeled Apricots In 
Light Syrup." The remaining shipment was unlabeled and was invoiced, 
"Standard   Halves   Unpeeled   Apricots   In Light Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (g) (2), (portion) the label of 
the article failed to bear the name of the food and the name of the optional
"See also Nos. 9202, 9203.
s packing ingredient, as specified in the definition and standard of identity. 
Further misbranding, Section 403 (g) (2), (remainder) the label failed to 
bear the name of the optional packing ingredient, since it bore the state- 
ment "In Light Syrup," whereas the article was packed in sirup designated 
as "slightly sweetened water" in the definition and standard of identity for 
canned apricots.
DISPOSITION : March 20, 1946. A plea of nolo contendere having been entered 
on behalf of the defendant, the court imposed a fine of $100.