14312. Adulteration and misbranding of bread.   TJ. S. v. Stephan Baking Co.,
Inc., and Ludwig A. Stephan. Pleas of nolo contendere. Corporation 
fined $492; individual fined $8. (F. D. C. No. 24771. Sample Nos. 
36123-K, 36125-K, 36126-K, 36133-K.)
INFORMATION FILED: May 24, 1948, District of Idaho, against Stephan Baking 
Co., Inc., Boise, Idaho, and Ludwig A. Stephan, president and manager.
ALLEGED SHIPMENT : On or about October 8 and 13 and November 10, 1947, from 
the State of Idaho into the State of Oregon.
LABEL IN PART: "Stephan's Butter-Nut 100% Whole Wheat" or "Butter-Nut 
White Sliced   *    *    *    1% Lbs. or over."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the products consisted 
in part of filthy substances by reason of the presence of insect fragments and 
rodent hairs; and, Section 402 (a) (4), they had been prepared and packed un- 
der insanitary conditions whereby they may have become contaminated with 
filth. Further adulteration (whole wheat bread), Section 402 (b) (1), a valu- 
able constituent, whole wheat flour, had been in part omitted; Section 402 (b)
(2), white flour bad been substituted in part for whole wheat flour; and, Sec- 
tion 402 (b) (4), artificial color, caramel, had been added to the product or 
mixed or packed with it so as to make it appear better and of greater value 
than it was.
Misbranding (whole wheat bread), Section 403 (a), the label statement 
"100% Whole Wheat" was false and misleading since the product was made 
in part from white flour. Further misbranding (white bread), Section 
403 (e) (2), the product failed to bear a label containing an accurate state- 
ment of the quantity of the contents since the wrappers bore the statement 
"in Lbs. or over," whereas the loaves of bread weighed less than one and 
one-half pounds.
DISPOSITION : September 7,1948. Pleas of nolo contendere having been entered, 
the corporation was fined $99 on each of the 4 counts charging adulteration, 
and $24 on each of the counts charging misbranding, a total of $492, and 
Ludwig A. Stephan was fined $1 on each of the 8 counts.