16837. Misbranding of canned cut green beans and tomato puree.   U. S. v. San
Jose Canning. and Ignatius Rancadore. Pleas of nolo contendere. 
Fine of $150 against each defendant. (F. D. C No. 29995. Sample 
Nos. 58410-K, 68422-K, 68863-K.)
INFORMATION FILED : November 27,1950, Northern District of California, against 
the San Jose Canning Co., a corporation, San Jose, Calif., and Ignatius Eanca- 
dore, president of the corporation.
ALLEGED VIOLATION: On or about October 28, 1949, and January 18, 1950, the 
defendants caused quantities of misbranded tomato puree to be introduced 
into interstate commerce at San Jose, Calif., for delivery to Seattle, Wash.
The defendants also caused to be given a false guaranty with respect to a 
quantity of canned cut green beans which they delivered between March 7,
1949, and January 10, 1950, within the State of California, to the holder of 
the guaranty, who was engaged in the business of introducing and deliver- 
ing for introduction into interstate commerce, quantities of vegetable products. 
The guaranty was given to the holder thereof on or about September 12,1946, 
and it provided, among other things, that no article shipped or delivered 
thereunder would be adulterated or misbranded within the meaning of the 
Federal Food, Drug, and Cosmetic Act.
LABEL IN PART : "Buon Gusto Brand Fancy Tomato Puree * * * Packed 
For Angelo Merlino & Sons Seattle, U. S. A. Net Weight 6 Lbs. 6 Ozs." and 
"Pacific Island Brand "Cut Green Beans Net Weight 6 Lbs. 5 Oz. * S. E. 
Bykoff & Co.   Distributors   Los Angeles, California."
NATURE OF CHARGE: Tomato puree. Misbranding, Section 403 (e) (2), the 
article failed to bear a label containing an accurate statement of the quantity 
of the contents.   (The article was short of the declared weight.)
Canned cut green bKans.   Misbranding, Section 403  (h)   (1), the quality 
of the article fell below the standard of quality for canned green beans since
'
•' there were present -in the article pods or pieces of pods :27/64 inch or more 
* in diameter; there were in the article more than 12 strings per 12 ounces of
' drained weight, which would support 1/2 pound for 5 seconds or-longer when 
tested by the method prescribed in -the standard •, the deseeded pods of the
" article contained more than 0.15 percent .by weight of fibrous material when 
tested by the prescribed method; and the label of the article did not bear a 
statement that the article fell below the standard.
DISPOSITION: December 14, 1950. Pleas of nolo contendere having been en- 
tered, the court imposed a fine of $150 against each defendant.