12673. Adulteration and misbranding: of feed barley.     tJ. S. v. 70 Sacks of
Feed  Barley.     Decree   of  condemnation  and   forfeiture.    Product 
released under bond to be relabeled.     (F. & D. No.  18706.     I. S. No.
22256-v.     S. No.  B-4850.)
On May 23, 1924, the United States attorney for the District of Maryland, 
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 con- 
demnation of 70 sacks of feed barley, consigned on or about April 25, 1924, 
remaining in the original unbroken packages at College Park, Md., alleging 
that the article had been shipped by Wm. S. Hoge & Bro., from Washington, 
D. C, and transported from the District of Columbia into the State of Mary- 
land, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: " Ground Mixed Feed Barley " 
and " Feed Barley."
Adulteration of the article was alleged in the libel for the reason that a 
substance, a mixture of wheat, oats, and weed seeds, and containing less than 
50 per cent of barley, had been substituted wholly or in part for the said 
article.
Misbranding was alleged for the reason that the designations " Ground 
Mixed Feed Barley " and " Feed Barley," appearing on the tags attached to 
the sacks containing the article, were false and misleading and deceived and 
misled the purchaser, and for the further reason that the article was offered 
for sale under the distinctive names of other articles, namely, ground mixed 
feed barley and feed barley.
On July 22, 1924, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be released to the claimant 
upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $200, in conformity with section 10 of the act, conditioned in 
part that it be relabeled.
HOWARD M. GORE, Secretary of Agriculture.