10707. Adulteration of fruit cake.   U. S. v. Julius Spilke and Max Spilke (Spilke's
Bakery). Pleas of guilty. Julius Spilke sentenced to 30 days' imprison- 
ment; Max Spilke placed on 1 year's probation. (F. D. C. No. 17781. 
Sample Nos. 78286-F, 79779-F, 79877-F.)
INFORMATION FILED : March 21, 1946, Eastern District of New York, against 
Julius Spilke and Max Spilke, partners in the partnership, Spilke's Bakery, 
Brooklyn, N. Y.
ALLEGED SHIPMENT: On or about November 9 and 10, 1944, from the State 
of New York into the States of Pennsylvania, West Virginia, and Virginia.
LABEL, IN PART: "Golden Harvest Fruit Cake Baked By Spilke's Bakery, 
Brooklyn, N. Y. [or "Distributed by Spaulding Bakeries Main Office: Bing- 
hamton, N. Y.," or "Baked for Affiliated Bakers Co."]."
NATURE OF CHARGE: Adulteration, Section 402 (a), the product consisted in 
whole or in part of a filthy substance by reason of the presence of insect frag- 
ments, scale insects, insect larvae, head capsules, rodent hair fragments, and 
hairs resembling rodent hairs; and, Section 402 (a) (4), it had been prepared 
under insanitary condition's whereby it may have become contaminated with 
filth.
DISPOSITION : April 17,1946. Pleas of guilty having been entered, each defend- 
ant was sentenced to serve 60 days in jail. Max Spilke's sentence was to com- 
mence at once, and Julius Spilke's sentence was to commence on the termina- 
tion of the sentence of Max Spilke. On May 17, 1946, Max Spilke's sentence 
was modified to the extent of his imprisonment to date, and he was ordered 
released.  Julius Spilke was placed on 1 year's probation.