16287. Misbranding of Diamond snorts with, ground wheat screenings. 
U. S. -v. 43 Saclcs of Diamond Shorts with Ground Wheat Screen- 
ings. Decree of condemnation and forfeiture. Product releaised 
under bond.     (F. & D. No. 23079.    I. S. No. 012977.    S. No. 1112.)
On August 6, 1928, the United States attorney for the District of Kansas, 
acting upon a report by the control division of the Kansas State Board of 
Agricultui'e, filed in the District Court of the United States for said district 
a libel praying seizure and condemnation of 43 sacks of Diamond shorts with 
ground wheat screenings, remaining in the original unbroken packages at 
Kansas City, Kans., alleging that the article had been sold by the Rodney 
Milling Co., Kansas City, Mo., to the Kansas City Mill Products, Kansas City, 
Mo., and by them sold to Dyer & Co., August 1, i928, and by said Dyer & Co., 
transported in interstate commerce from Kansas City, Mo., to Kansas City, 
Kans., and charging misbranding in violation of the food and drugs act. The 
article was labeled in part: Diamond Shorts with Ground Wheat Screenings. 
Manufactured by Rodney Milling Company, Kansas City, Missouri * * * 
Wheat Shorts with Ground Wheat Screenings not exceeding mill run."
It was alleged in the libel that the article was misbranded in that it was 
labeled, " Diamond Shorts with Ground Wheat Screenings," and labeled to 
contain the following wheat ingredients, " Wheat Shorts with Ground Wheat 
Screenings not exceeding mill run," whereas it was composed princpally of re- 
ground wheat bran with ground wheat screenings, including a large amount of 
ground weed seed, said wheat screenings being in excess of the mill run.
On October 5, 1928, Dyer & Co., Kansas City, Mo., having appeared as claim- 
ant 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 claimant 
upon payment of costs and the execution of a good and sufficient bond, condi- 
tioned in part that it be repacked and relabeled to comply with the Federal 
food and drugs act.
ARTHUR M. HYDE, Secretary of Agriculture.