17713. Misbranding of  hominy feed.    U.  S.  v. 400 Sacks  of Hominy Feed.
Consent decree  of condemnation.    Product  released under bond.
(F. & D. No. 25445. . I. S. No. 18306.    S. No. 3436.)
Examination of the herein described interstate shipment of hominy feed 
having shown that the sacks bore no statement of the net weight of the contents, 
the matter was reported to the United S:ates attorney for the District of Kansas 
by an official of the State of Kansas, acting under authority of the Secretary of 
Agriculture.
On or about September 6, 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 400 sacks of hominy feed, remaining in the orig- 
inal unbroken packages at Garnctt. Kans., alleging that the article had been 
shipped by the Feeders Supply & Manufacturing Co., from Kansas City, Mo., 
on or about August 28, 1930, and had been transported from the State of 
Missouri into the State of Kansas, and charging misbranding in violation of the 
food and drugs act as amended.
It was alleged in the libel that the article was misbranded in that it was food 
in package form and the quantity of the contents was not plainly and conspic- 
uously marked on the outside of the package.
On September 16, 1930, the Quaker Oats Co., St. Joe, Mo., 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, upon payment of costs and the 
execution of a bond in the sum of $500, conditioned in part that it be labeled 
to show the true quantity of the contents.
ABTHUB M. HYDE, Secretary of Agriculture.