17540. Adulteration and Misbranding of cottonseed meal.     U. S. v. 80 Sacks
of Cottonseed Meal. Consent decree of condemnation and forfei- 
ture. Product released under bond. (P. & D. No. 24500. I. S. No. 
016955.    S. No. 2801.)
Samples of a product labeled as cottonseed meal from the herein described 
interstate shipment having been found to be cottonseed feed containing less 
protein than declared on the label, the Secretary of Agriculture reported the 
facts to the United States attorney for the Middle District of North Carolina.
On February 3, 1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 80 sacks of cottonseed meal, remaining in the original 
unbroken packages at Elkin, N. C, alleging that the article had been shipped 
by the Kershaw Oil Mill, from Kershaw, S. C, on or about January 1, 1930, 
and had been transported from the State of South Carolina into the State of 
North Carolina, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: " Palmetto Brand Good 
Cotton Seed Meal Manufactured by Kershaw Oil Mill, Kershaw, South Caro- 
lina.    *    *    *   Protein    *    *    *   36 per cent."
It was alleged in the libel that the article was adulterated in that a sub- 
stance deficient in protein had been mixed and packed therewith so as to 
reduce, lower, and injuriously affect its quality and strength and had been 
substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the label bore the statements 
"Cottonseed Meal * * * Protein 36 per cent," which were false and mis- 
leading and deceived and misled the purchaser, since the article contained less 
than 36 per cent of protein.
On July 24, 1930, the Kershaw Oil Mill, Kershaw, S. C, claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, 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, conditioned 
in part that it be relabeled as cottonseed feed containing 33 per cent of 
protein, equivalent to 6.4 per cent of ammonia.
ABTHXTB M. HYDE, Secretary of Agriculture.