11230. Adulteration of canned beans and misbranding of canned peas.    17. S. v.
Tolerton & Warfield Go. (Norfolk Packing Go.) and Elmer H. Bernhardt. 
Pleas of nolo contendere. Fines, $60 against individual defendant and 
$210 and costs against corporation. (F. D. C. No. 20210. Sample Nos. 
21193-H, 25886-H, 26794-H, 26798-H, 30432-H. 30439-H.)
lerton & Warfield Co., a corporation, trading as the Norfolk Packing Co., Platts- 
mouth, Nebr., and Elmer H. Bernhardt, plant manager.
ALLEGED SHIPMENT: Between the approximate dates of August 4 and October 
23,1945, from the State of Nebraska into the States of Oklahoma and Colorado.
PRODUCT: In addition to containing alcohol-insoluble solids in excess of the 
amount permitted by the standard, a portion of the canned peas was short 
weight. Examination of the canned beans showed the presence of small stones 
and, in one shipment, worms.
LABEL IN PART : "Honesty [or "Harvest Gem"] Early June Peas Contents 1 Lb. 
4 Oz.," and "Harvest Treasure * * * Beans in Tomato Sauce Vege- 
tarian Style."
NATURE OF CHARGE: Canned beans, adulteration, Section 402 (b) (2), stones had 
been substituted in part for beans in tomato sauce; Section
'402 (b) (4), stones 
had been packed with the article so as to reduce its quality; and, Section 402 
(a) (3), a portion of the article consisted in part of a filthy substance by rea- 
son of the presence of worms.
Canned peas, misbranding, Section 403 (h) (1), the article was substandard; 
and, Section 403 (e) (2), the label of the article failed to contain an accurate 
statement of the quantity of the contents since the cans contained less than 
the1 declared weight.
DISPOSITION : December 20,1946. ' Pleas of nolo contendere having been entered 
on behalf of both defendants, the court imposed a fine of $10 on each count 
against the individual, a total fine of $60, and a fine of $35 on each count 
against the corporation, a total fine of $210 and costs.