11018. Adulteration, and misbranding of potatoes. U. S. v. 403 Sacks of?
Potatoes. Consent decree of condemnation and forfeiture. Prod??
uct released under bond. (F. & D. No. 16807. I. S. Nos. 3890-v, 3891-v.?
S. No. C-3802.)
On or about September 8, 1922, the United States attorney for the Northern?
District of Illinois, acting upon a report by the Secretary of Agriculture, filed?
in the District Court of the United States for said district a libel for the seizure?
and condemnation of 403 sacks of potatoes at Chicago, 111., alleging that the?
article had been shipped by the Monmouth County Farmers' Exchange, from?
Howell, N. J., August 23, 1922, and transported from the State of New Jersey?
into the State of Illinois, and charging adulteration and misbranding in viola??
tion of the Food and Drugs Act. The article was labeled in part: " Triangle?
Brand U. S. Grade No. One 150 Lbs. Net Packed by the Monmouth County?
Farmers Exchange.   Freehold, N. J."
It was alleged in substance in the libel that the article had been transported?
in violation of the said act, in that potatoes of lower grade than designated?
had been mixed and packed therewith so as to reduce, lower, and injuriously?
affect its quality and had been substituted in part for Grade No. 1 potatoes,?
which the said article purported to be.
Misbranding was alleged for the reason that the statement on the sacks?
containing the article, " U. S. Grade No. One," was false and misleading and?
deceived and misled the purchaser, since the said product did not meet the?
requirements of United States Grade No. 1 potatoes.
On September 12, 1922, the Monmouth County Farmers' Exchange, claimant,?
having admitted the allegations of the libel and consented to the entry of a?
decree, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product be released to the said claimant upon?
payment of the costs of the proceedings and the execution of a bond in the?
sum of $3,000, in conformity with section 10 of the act, conditioned in part?
that the said product be relabeled under the supervision of this department?
by eliminating the words, " U. S. Grade No. One," from each of the said sacks.
C. F. MARVIN, Acting Secretary of Agriculture.