21436. Misbranding of fruit preserves and fruit jellies. U. S. v. St. Joseph Foods, Inc. Plea of nolo contendere. Fine, $700. (F. D. C. No. 35151. Sample Nos. 43876-L, 43877-L, 43881-L, 43882-L, 43890-L, 43892-L to 43895-L, incl.) INFORMATION FILED : November 20, 1953, Western District of Missouri, against St. Joseph Foods, Inc., St. Joseph, Mo. ALLEGED SHIPMENT : On or about July 25, August 9, September 15, and October 13 and 27, 1952, from the State of Missouri into the State of Nebraska. LABEL IN PART: (Jar) "Albert's Finest Pure Red Cherry [or "Peach" or "Pineapple"] Preserves Net Wt. 12 Ozs. Louis Albert & Son Food Co., Omaha, Nebr." and "Albert's Finest Pure Black Raspberry [or "Grape," "Straw- berry," or "Red Raspberry"] Jelly Net Wt. 12 Ozs. Louis Albert & Son Food Co. Omaha, Nebr." NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the articles, with the exception of the black raspberry jelly, failed to bear labels containing accurate statements of the quantity of the contents. (Examination showed that the articles, with the exception of the black raspberry jelly, were short weight.) Further misbranding, Section 403 (g) (1), the articles, with the exception of the grape jelly, failed to conform to the definitions and standards of identity for fruit preserves and jellies. The red cherry preserves and pineapple pre- serves had a soluble-solids content of less than 68 percent, the minimum per- mitted by the definitions and standards for such preserves; and the peach preserves had a soluble-solids content of less than 65 percent, which is the minimum permitted by the definition and standard of identity for peach pre- serves. The jellies, with the exception of the grape jelly, contained smaller amounts of the fruit juice ingredients than is permitted by the definitions and standards for jellies in that the jellies, with the exception of the grape jelly, were made from mixtures composed of less than 45 parts by weight of the , fruit juice ingredient to each 55 parts by weight of one of the optional sac- charine ingredients. DISPOSITION : March 15,1954. The defendant having entered a plea of nolo con- tendere, the court fined it $700.