16680. Adulteration and Misbranding of alfalfa meal and chicken grreei
U. S. v. 280 Sacks of Alfalfa MeaJ, et al.     Consent decree of co 
demnation and forfeiture.     Product released under bond.     (F,
D. No. 23257.    I. S. Nos. 03585, 03586.    S. No. 1367.)
On January 2, 1929, the United States attorney for the Eastern District 
New York, acting upon a report by the Secretary of Agriculture, filed in 1 
District Court of the United States for said district a libel praying seizure a 
condemnation of 280 sacks of alfalfa meal and 120 sacks of chicken greens, 
maining in the original packages at Brooklyn, N. Y., alleging that the artic 
had been shipped by the California Hawaiian Milling Co., from San Francis 
Calif., on or about November 9, 1928, and transported from the State of Ci 
fornia into the State of New York, and charging adulteration and misbrand 
in violation of the food and drugs act. The articles were labeled in pa 
"Fine Ground Alfalfa Meal * * * Crvde Protein not less than 16. 
Crude Fat, not less than 2 00. Crude Fiber not more than 28.00, * * * M 
ufactured  by  California  Hawaiian   Milling  Co.,   San  Francisco,   Cal.,"   i
"Chicken Greens * * * Crude Protein, not less than 20.0%, Crude Fat, not 
less than 2.5%, Crude Fibre, not more than 18.0% * * * Manufactured by 
California Hawaiian Milling Co., San Francisco, Cal."
It was alleged in the libel that the articles were adulterated in that a sub- 
stance deficient in protein and containing an excessive amount of fiber had been 
substituted in part for the articles, and had been mixed and packed therewith 
so as to reduce and lower their quality and strength.
Misbranding was alleged in the libel for the reason that the statements on the 
respective labels, " Fine Ground Alfalfa Meal, Net Weight 100 Lbs. When. 
Packed. * * * Crude Fibre, not more than 18.00 (28.00)," and "Chicken 
Greens Made From Select Alfalfa Hay, * * * Net Weight 100 Lbs. When 
Packed, * * * Crude Fibre not more than 28.00 (18.00)," were false and 
misleading and deceived and misled the purchaser when applied to articles con- 
taining an excessive amount of crude fiber. Misbranding was alleged for the 
further reason that the articles were offered for sale under the distinctive 
names of other articles.
On March 5, 1929, the California Hawaiian Milling Co. (Inc.), San Francisco, 
Calif., claimant, having admitted the allegations of the libel and having con- 
sented to the entry of a decree, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the products be released to the 
said claimant upon payment of costs and the execution of a bond in the sum of 
$1,000, conditioned in part that they be relabeled under the supervision of this 
department, in part as follows: " Fine Ground Alfalfa Meal Net Weight 100 
Pounds. Crude Protein not less than 13.5% * * * Crude Fibre not more 
than 34% ; " " Chicken Greens * * * Net Weight 100 Pounds. Crude Pro- 
tein not less than 16.5%.    *    *    *    Crude Fibre not more than 25.5."
ARTHUR M. HYDE, Secretary of Agriculture.