17489. Adulteration and Misbranding of tankage.    XT. S. v. 500 Bags, et al.,
of Tankage. Consent decrees of condemnation entered. Product 
released under bond. (F. & D. Nos. 23851, 23855. I. S. Nos. 012986, 
012987, 012988, 012989.    S. Nos. 1314, 1335.)
Samples of a feed product known as feeding tankage or 60 per cent tankage 
from the herein-described interstate shipments having been found to contain 
foreign matter, namely, glass and sand, and in portions also coffee grounds 
and carbonates, the facts were reported to the United States attorney for the 
District of Kansas by an official of the Kansas State Board of Agriculture.
On or about November 13, and November 19, 1928, respectively, the United 
States attorney filed in the District Court of the United States for the district 
aforesaid libels praying seizure and condemnation of 2,200 sacks of tankage, 
remaining in the original unbroken packages at Kansas City, Kans., alleging 
that the article had been shipped by the Bi-Products Feed Co., of Union Stock- 
yards, Chicago, Ill., in part from Chicago, Ill., and in part from Cedar Rapids, 
Iowa, in various consignments on or about October 16, October 26, October 30, 
and November 8, 1928, respectively, and had been transported from the States 
of Illinois and Iowa, respectively, into the State of Kansas, and charging 
adulteration and misbranding in violation of the food and drugs act as amended.
It was alleged in the libels that the article was adulterated in that foreign 
matter containing glass, sand, coffee grounds, and carbonates in portions thereof, 
and glass and sand in the remainder, had been mixed and packed with and 
substituted in part for the said article.
Misbranding was alleged for the reason that the sacks bore no label show- 
ing the net weight of the said product.
The Nutrena Feed Mills (Inc.), Kansas City, Kans., appeared as claimant 
for 600 sacks of the product. Claim was interposed for 600 sacks of the 
product by Lawrence Trickett, Kansas City, Kans., as receiver appointed by 
the court in an action in the State courts involving the said 600 sacks. On 
November 23, 1928, and December 24, 1928, respectively, judgments of con- 
demnation and forfeiture were entered, and it was ordered by the court 
that the said 1,200 sacks be released to the respective claimants upon pay- 
ment of costs and the execution of bonds totaling $1,000, conditioned in part 
that it be relabeled to show the true contents.
On May 16, 1930, the Packers Product Co., Cedar Rapids, Iowa, having 
appeared as claimant for the remaining 1,000 sacks of the article, judgments 
were entered finding the said portion adulterated and ordering its condem- 
nation, and it was further ordered by the court that the said 1,000 sacks of 
the product be released to the Packers Product Co., upon payment of costs 
and the execution of bonds totaling $2,000, conditioned in part that it be 
relabeled to show the true contents.
AETHTJE M. HYDE, Secretary of Agriculture.