United States v. Roma MacAroni Factory

In this matter the grand jury found its indictment charging the defendants Roma Macaroni Factory, a corporation, and Albert Martinelli, superintendent, and Dominic Louis Gerbo, manager, as defendants, with the alleged violation of the Federal Food, Drug, and Cosmetic Act, Title 21 U.S.C.A. § 331 . It appears from the indictment, in the charging part thereof, that the defendants did on or about the 27th day of December, 1946, in violation of the Federal Food, Drug, and Cosmetic Act, unlawfully cause to be introduced, and deliver for introduction, into interstate commerce at San Francisco, State of California, for delivery to Reno, State of Nevada, consigned to Brunetti & Patrone, a number of cases, each case containing paste, a food within the meaning of the Act.

It is further charged that the defendants caused to be introduced and delivered for introduction in to interstate commerce, food adulterated within the meaning of the Act, in that it consisted in part of a filthy substance, by reason of the presence in said food of insect fragments, rodent hair fragments, hair resembling rodent hair and unidentified hair.

It is further charged that when the food was caused to be…