21710. Adulteration of macaroni and spaghetti.   U. S. v. S. D. Giacomo Co.
and Pete Giacomo. Pleas of not guilty. Tried to the court. Verdict 
of guilty.   Company fined $200 and individual defendant fined $100.
(F. D. C. No. 36659.    Sample Nos. 15638-L, 15639-L.) 
INFORMATION FILED :   January 17, 1955, Northern District of Oklahoma, against 
the S. D. Giacomo Co., a partnership, Sapulpa, Okla., and Pete Giacomo, a part- 
ner in the partnership.
ALLEGED VIOLATION : Between the approximate dates of September 24,1952, and 
February 16, 1954, while a quantity of macaroni and spaghetti was being held 
for sale after shipment in interstate commerce, the defendants caused the 
products to be placed in a building that was accessible to rodents and caused 
the products to be exposed to contamination by rodents, which acts resulted in 
the products being adulterated.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the articles consisted 
in part of filthy substances by reason of the presence of rodent excreta; and, 
Section 402 (a) (4), the articles were held under insanitary conditions whereby 
they may have become contaminated with filth.
DISPOSITION : The defendants having entered pleas of not guilty, the case came 
on for trial before the court without a jury on March 3, 1955. The trial was 
concluded on the same day, with the return of a verdict of guilty and the impo- 
sition of a fine of $200 against the company and $100 against the individual 
defendant.