F. & D. No. 2080, 2961,
S. No. 1072.	
Issued May 22, 1:912.
United States Department of Agriculture,
OFFICE  OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1456.
(GiTen pursuant to section 4 of the Food and Drugs AetO
MISBEANDING OF CHEESE.
On September 27, 1911, the United States Attorney for the South??
ern District of Georgia, acting upon a report by the Secretary of?
Agriculture, filed in the United States District Court for said dis??
trict a libel for seizure and condemnation of 125 boxes of cheese, each?
containing one cheese, in the possession of the Waxelbaum Produce?
Co., Macon, Ga., alleging that the product had been shipped, on or?
about September 15, 1911, by Crosby & Meyers, Chicago, 111., from?
the State of Tennessee into the State of Georgia, and charging mis??
branding in violation of the Food and Drugs Act. The boxes were?
branded " Waxelbaum Pro. Co., Macon, Ga.", and there was a pen??
ciled figure on each box indicating the net weight. The total of the?
weights indicated on these boxes amounted to 2,725 pounds, and no?
single box was of the weight marked thereon.
Examination by the Bureau of Chemistry of this Department?
showed the following: Sum of marked weights, 2,725 pounds; sum?
of actual weights, 2,583? pounds; shortage, 141f pounds; shortage?
5.2 per cent. Misbranding Avas alleged for the reason that the actual?
net weight of the cheese contained in each of said boxes was less?
than the weight indicated on the outside of the said boxes, and the?
contents stated in terms of weight or measure were therefore not?
plainly and correctly stated.
On January 26, 1912, judgment of condemnation was entered, and?
after payment of costs by the Waxelbaum Produce Co., Macon, Ga.,?
and the presentation of bond by said company in conformity with?
section 10 of the Act, fixed by the court at $500, the 125 boxes of?
cheese were ordered released and delivered to said claimant company.
W. M. HATS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, April IS, 1912.
40198??No. 1456?12