30861.  Misbranding of canned cherries.     TT. S. v. 22 Cases of Red Sour Pitted 
Cherries.     Default decree of condemnation and destruction.     (F. & D.
No. 44724.   Sample No. 43601-D.)
This product was substandard because of the presence of excessive pits, 
and it was not labeled to indicate that it was substandard.
On January 25,1939, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 22 cases of canned 
cherries at San Francisco, Calif.; alleging that the article had been shipped 
in interstate commerce on or about July 23, 1938, by Stayton Canning Co. from 
Stayton, Oreg.; and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Mountain Home Brand Water Pack 
Pastry Pack Red Sour Pitted Cherries Haas Brothers Distributors San 
Francisco, Oakland, Fresno, Calif."
It was alleged to be misbranded in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary,of Agri- 
culture since the fruit was not pitted and it contained more than 1 cherry 
pit per each 20 ounces of net contents, and its package or label did not bear 
a plain and conspicuous statement prescribed by regulation of this Department 
indicating that it fell below such standard.
On August 21, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.