21131. Misbranding of canned cherries.   U. S. v. Varney Canning, Inc.   Plea of
guilty.   Fine of $2,000; fine suspended.    (F. D. C. No. 35767.    Sample 
Nos. 41015-L, 41028-L, 41056-L, 64353-L, 69413-L.)
INFORMATION FILED: January 11, 1954, District of Utah, against Varney Can- 
ning, Inc., Roy, Utah.
ALLEGED SHIPMENT : On or about August 21 and December 3, 1952, and March 
10 and April 30, 1953, from the State of Utah into the States of Washington, 
Montana, and Wyoming.
LABEL IN PART: (Can) "Sonny Boy Brand Red Sour Pitted Cherries In 
Water Contents 1 Lb. 3 Ozs. Packed for Roundup Grocery Co. Spokane, 
Wash." and "Leota Brand Red Sour Pitted Cherries Packed In Water Con- 
tents 1 Lb. 3 Oz. Packed By Varney Canning Inc. Plants Roy, Utah and 
Veradale, Wash."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the article fell below 
the standard of quality for pitted canned cherries because of an excessive 
number of pits in the cherries and because an excessive number of cherries 
were blemished with discoloration, and the label failed to bear a statement that 
the article fell below the standard.
DISPOSITION : April 23, 1954. The defendant having entered a plea of guilty, 
the court fined it $2,000, but suspended the fine.
DRIED FRUIT