13230. Adulteration  and  misbranding-  of  rice.     TJ.   S.  v.  543  Mass   of  Rice.
Tried to the conrt and a jury. Verdict for the Government. 
Product released under bond. (F. & D. No. 19045. I. S. No. 3553-Y. 
S. No. E-4972.)
On October 4, 1924, the United States attorney for the District of Porto Rico, 
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 condemna- 
tion of 543 bags of rice, at San Juan, P. R., alleging that the article had been 
shipped by J. W. Berengher, New Orleans, La., on or about November 19, 1923r 
and transported from the State of Louisiana into the Territory of Porto Rico, 
and charging adulteration and misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: " Rice 100 Lbs. Net When 
Packed."
Adulteration of the article was alleged in the libel for the reason that it 
consisted in whole or in part of a filthy, putrid, or decomposed vegetable sub- 
stance.
Misbranding was alleged for the reason that the label bore the statement 
" 100 Lbs. Net When Packed," which was false and misleading and deceived 
and misled the purchaser, and for the further reason that it was [food] in pack- 
age form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the statement made was not cor- 
rect.
On November 26, 1924, J. W. Berengher, New Orleans, La., having appeared 
as claimant for the property, the case came on for trial before the court and a 
jury, and a verdict for the Government was returned. On January 5, 1925, 
the claimant having failed to take the product down under bond as provided in 
the court order dated December 10, 1924, a decree of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be sold. 
On January 31, 1925, the proceedings for the said sale having been stayed by 
agreement, and the claimant having tendered a bond in the sum of $3,000, it 
was ordered by the court that the said product be released to the claimant 
upon payment of costs, conditioned that the product not be used for human 
consumption.
R. W. DUNLAP, Acting Secretary of Agriculture.