15280. Misbranding of canned cherries, canned peaches, and canned pears. U. S. 
v. D & D Foods Co. and Florian F. Dauenhauer. Pleas of nolo con- 
tendere. Fine of $300 against company suspended; fine of $300 against 
individual. (F. D. C. No. 27522. Sample Nos. 32268-K, 36599-K,- 36600- 
K, 37988-K, 41428-K, 50101-K.)
INFORMATION FILED: September 16, 1949, Eastern District of Washington, 
against the D & D Foods Co., a partnership, Wenatchee, Wash., and Florian F. 
Dauenhauer, partner and manager of the firm.
ALLEGED SHIPMENT : On or about March 25 and December 2, 1948, and January 
3, February 12, and March 22, 1949, from the State of Washington into the 
States of California, Oregon, Pennsylvania, and Massachusetts.
LABEL IN PART : "Dawn Hour * * * Dark [or "Light"] Sweet Cherries," 
"Star Dee  Brand   Yellow Freestone Peaches   Halves,"  "Star  Dee Brand
* *    *   Freestone Peaches    Sliced,"  "Chick-A-Dee Brand   Halves   Yellow 
Freestone Peaches," and "Star Dee Brand   Bartlett Pears   Halves."
NATURE OF CHARGE: Canned cherries. Misbranding, Section 403 (g) (2), the 
label failed to bear, as the definition and standard of identity for canned 
sweet cherries requires, the name of the optional packing medium present in 
the article. The label of the article bore the statement "In Extra Heavy 
Syrup," whereas the article was packed in sirup designated as "heavy sirup" 
in the definition and standard.
Canned peaches. Misbranding, Section 403 (e) (2), a portion of the article 
failed to bear a label containing an accurate statement of the quantity of the 
contents since the label of such portion bore the statement "Net Weight 1 lb 
13 oz.," which was inaccurate since the weight of the contents of the cans 
was less than 1 pound and 13 ounces net. Further misbranding, Section 
403 (h) (1), the quality of certain lots of the article fell below the standard 
of quality for canned peaches since the largest peach units were more than 
twice the weight of the smallest; all peach units were not untrimmed or were 
so trimmed as not to preserve their normal shape; and the label of these lots 
failed to bear the substandard legend.
Canned pears.   Misbranding, Section 403 (h)  (1), the quality of the article
- fell below the standard of quality for canned pears since the largest pear 
units were more than twice the weight of the smallest; all pear units were 
not untrimmed or were so trimmed as not to preserve their normal shape; 
more than 10 percent of the pear units in a container of 10 or more units 
were crushed or broken; and the label failed to bear the substandard legend.
the court imposed a fine of $300 against the company, which fine was susŤ 
pended. The court imposed also a fine of $300 against the individual, which 
fine was to be paid.
DRIED FRUIT