10271. Adulteration of Colfey cheese. U. S. v. Leslie B. Chapin (Tampico Cream- 
ery). Plea of guilty. Fine of $500 and costs and 6 months' imprison- 
ment. Execution of jail sentence suspended and defendant placed on 
1 year's probation.    (F. D. C. No. 17807.    Sample Nos. 22568-H, 22569-H.)
INFORMATION FILED : On February 28,1946, Northern District of Illinois, against 
Leslie E. Chapin, trading as the Tampico Creamery, Tampico, Ill. The de- 
fendant was charged with giving a false guaranty.   The guaranty was given to
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Armour & Co. on or about March 11,1943. It provided that cheese shipped or 
delivered by the defendant to the latter firm would be neither adulterated nor 
misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act. 
On or about March 15 and 20,1945, the defendant sold and delivered to Armour 
& Co. a quantity of Colby cheese which was adulterated, portions of which were 
shipped by Armour & Co., on or about March 17 and 20, 1945, from the State 
of Illinois into the States of Missouri and Tennessee.
NATURE OF CHARGE: Adulteration, Section 402 (a) (1), the product bore and 
contained a poisonous and deleterious substance, Salmonella typhi murium, a 
pathogenic microscopic organism capable of causing enteric illness, which may 
have rendered it injurious to health; Section 402 (a) (3), the product was 
unfit for food by reason of the presence of viable Salmonella typhi murium; 
and, Section 402 (a) (4), it had been prepared, packed, and held under insani- 
tary conditions whereby it may have been rendered injurious to health.
DISPOSITION : On May 6,1946, a plea of guilty having been entered, the defendant 
was fined $500 and costs and sentenced to six months' imprisonment. On May 
27, 1946, the court entered an order suspending execution of the
" prison 
sentence, and the defendant was placed on probation for a period of 1 year.