12422. Misbranding of  oats.     U.  S.  v.   la  Sacks  of  Oats.     Decree  of  con¬
demnation  and  forfeiture.     Product released under  bond.     (F.  &
D. No. 18633.    I. S. No. 18062-v.    S. No. C-4351.)
On April 30, 1924, the United States attorney for the Northern District of 
Mississippi, 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 100 sacks of oats, at Okolona, Miss., alleging that the 
article had been shipped by the Mississippi Elevator Co., Memphis, Tenn., 
April 19, 1924, and transported from the State of Tennessee into the State of 
Mississippi, and charging misbranding in violation of the food and drugs act 
as amended.   The article was billed and invoiced as oats. x
Misbranding of the article was alleged in the libel for the reason that it 
contained an admixture of oats containing moisture, wild oats, barley skim- 
mings, rye, corn, chaff, dirt, and foreign material, and was offered for sale 
under the distinctive name of oats. Misbranding was alleged for the further 
reason that it was in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package in terms of 
weight, measure, and (or) numerical count.
On June 20, 1924, the Mississippi Elevator Co. having appeared as claimant 
for the property, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the said claim- 
ant upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $500, in conformity with section 10 of the act, conditioned in 
part that the product be relabeled in accordance with law.
HOWARD M. GORE, Secretary of Agriculture.