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123.

Sample Information -- Introduction of Adulterated Food into Interstate Commerce

INFORMATION

The United States Attorney for the Southern District of Ohio charges that:

INTRODUCTORY ALLEGATIONS

1. At all times pertinent to this Information:

a)OilMaker, Inc., was an Ohio corporation operating a business, located at 1234 Leonard's Road, Farr, Ohio. OilMaker, Inc. was engaged in the blending of oil products after shipment in interstate commerce and the sale and distribution of oil products in interstate commerce [NOTE: names and places changed from original].
b) XXXXX XXXXXXX was president of OilMaker, Inc., and was responsible for all aspects of the firm's operation.
c) Canola oil was less expensive per unit than olive oil, and some grades of olive oil were less expensive per unit than other grades of olive oil. By substituting canola oil for olive oil in oils labeled as 100 percent olive oil; by the addition of more canola oil than indicated on the label of products labeled as olive oil/canola oil blends; and by the inclusion of grades of olive oil in products that were cheaper than the olive oils declared in the labeling, defendants could lower the costs of their goods sold or increase their profits. As a result of defendants' substitution of oils, the defendants received an economic benefit, and their olive oil products were economically adulterated.
2. As an example of defendants' costs savings, for a batch of product blended on or about December 3, 1992, defendants' cost for extra virgin olive oil was $9.04 per gallon, and the cost of canola oil was $2.31 per gallon, and for a batch of product blended on or about December 4, 1992, defendants' cost for pomace olive oil was $4.11 per gallon.

The United States Attorney further charges:

COUNT 1

3. The Introductory Allegations of paragraphs 1 and 2 above are adopted and incorporated by reference as though set forth fully herein.

4. On or about December 4, 1992, within the Southern District of Ohio,

OilMaker, INC., and

XXXXXX XXXXXXX,

the defendants herein, with the intent to defraud and mislead, introduced and delivered for introduction, and caused to be introduced and delivered for introduction into interstate commerce at Farr (near Cincinnati), Ohio, for delivery to Bad Food Inc., doing business as Ferd Berfel Company, Jaytown, Pennsylvania, eight 190 kilogram drums of a food, labeled in part:

OilMaker INC.

EXTRA VIRGIN OLIVE OIL 190 KG.

5. At the time that the food was introduced and delivered for introduction, and caused to be introduced and delivered for introduction into interstate commerce, the food was adulterated within the meaning of Title 21, United States Code, Section 342(b)(1) in that a valuable constituent, namely extra virgin olive oil, was in part omitted therefrom; and Section 342(b)(2) in that canola oil was substituted in part for a valuable constituent, to wit: extra virgin olive oil.

All in violation of Title 21, United States Code, Sections 331(a) and 333(a)(2), and Title 18, United States Code, Section 2.

The United States Attorney further charges:

COUNT 2

6. The Introductory Allegations of paragraphs 1 and 2 above are adopted and incorporated by reference as though set forth fully herein.

7. On or about March 29, 1993, within the Southern District of Ohio,

OilMaker, INC., and

XXXXXX XXXXXXX,

the defendants herein, with the intent to defraud and mislead, introduced and delivered for introduction, and caused to be introduced and delivered for introduction into interstate commerce at Farr (near Cincinnati), Ohio, for delivery to Joe's Foods, Pine Creek, Wisconsin, 130 cases, each case containing six one gallon metal cans, of a food, each can labeled in part:

POMACE OLIVE OIL Product of Italy

OILMAKER OLIVE OIL is a product of Donna's selected oils.

Net contents: 1 gallon, 128 fl. oz., 3.785 liters

Packed by OilMaker Cincinnati, Ohio

8. At the time that the food was introduced and delivered for introduction, and caused to be introduced and delivered for introduction into interstate commerce, the food was adulterated within the meaning of Title 21, United States Code, Section 342(b)(1) in that a valuable constituent, namely pomace olive oil, was in part omitted therefrom; and Section 342(b)(2) in that canola oil was substituted in part for a valuable constituent, to wit: pomace olive oil.

All in violation of Title 21, United States Code, Sections 331(a) and 333(a)(2), and Title 18, United States Code, Section 2.

Date:_____________________________

______________________________
UNITED STATES ATTORNEY

[cited in USAM 4-8.255]