17663. Adulteration   and   Misbranding of   cheese.    IT.   S.   ~v.   225   Boxes   of
Cheese.    Consent decree of condemnation.    Product released under 
bond.     (F. & D. No. 23881.    I. S. Nos. 010512, 010513.    S. No. 2079.)
Samples of cheese from the herein described interstate shipment having been 
found to be deficient in fat, the Secretary of Agriculture reported the matter to 
the United States attorney for the Western District of New York.
On July 17, 1929, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 225 boxes of cheese, remaining in the original unbroken packages 
at Cuba, N. Y., alleging that the article had been shipped by J. L. Buiswite 
(Guiswite) from Lockhaven, Pa., in part on March 25, 1929, and in part on 
April 9, 1929, and had been transported from the State of Pennsylvania into 
the State of New York, and charging adulteration and misbranding in violation 
of the food and drugs act.
It was alleged in the libel that the article was adulterated in that it was 
deficient in fat and contained excessive moisture.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On August 5, 1929, the Great Atlantic & Pacific Tea Co., Cuba, N. Y., having 
appeared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation was entered, and it was ordered by the court 
that the product be released to the said claimant to be used as an ingredient 
in the manufacture of process cheese, upon payment of costs and the execution 
of a bond in the sum of $4,000, conditioned in part that it should not be sold 
or disposed of contrary to law.
AETHTJB, M. HYDE, Secretary of Agriculture.