11033. Adulteration and misbranding1 of flour. U. S. v. 250 Sacks and 100 
Sacks of Flour. Consent decrees of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 16447. I. S. Nos. 14209-t, 
14210-t.    S. Nos. W-1112, W-1113.)
On June 21, 1922, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the 
seizure and condemnation of 350 sacks of flour, at San Francisco, Calif., alleg- 
ing that the article had been shipped by Mark P. Miller Milling Co., from 
Moscow, Idaho, June 3, 1922, and transported from the State of Idaho into the 
State of California, and charging adulteration and misbranding in violation 
of the Food and Drugs: Act, as amended. A portion of the article was labeled in 
part: " Mark P. Miller Milling Co. Millers Best Blue Stem Patent Flour 
Moscow, Idaho. Net Weight 98 Lbs. When Packed Blue Stem Patent 
Bleached." The remainder of the said article was labeled in part: " Park 
County Milling Company * * * Gateway Patent Flour Livingston, Mont. 
Bleached 98 Lbs. Net When Packed Gateway Patent Flour."
It was alleged in the libel that the article was adulterated in that water had 
been mixed and packed with and substituted wholly or in part for the said 
article.
Misbranding was alleged for the reason that the statement, " 98 Lbs. Net 
When Packed," was false and misleading and deceived and misled the pur- 
chaser, and for the further reason that the article was [food] in package form 
and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package.
On June 29, 1922, and September 27, 1923, respectively, the Mark P. Miller 
Milling Co., San Francisco, Calif., having appeared as claimant for the prop- 
erty and consented to the entry of decrees, judgments of condemnation and 
forfeiture were 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 bonds in the aggregate amount of $2,675, in conformity 
with section 10 of the act, conditioned in part that it be made to conform with 
the law, under the supervision of this department.
' C. F. MARVIN, Acting Secretary of Agriculture.