17742. Misbranding of flour.    U.  S. v. 590 Bass of Flour.     Consent decree-
of  condemnation  and  forfeiture.    Product  released  under bond.
(F. & D. No. 25158.    I. S. Nos. 2296, 4551.    S. No. 3424.)
Sample sacks of flour from the herein described interstate shipments having 
been found to contain less flour than the weight declared on the label, the- 
Secretary of Agriculture reported the matter to the United  States attorney 
for the Southern District of New York.
On September 22, 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 590 bags, each containing 32 small sacks of flour, remain- 
ing in the original unbroken packages at New York, N. Y., alleging that the- 
article had been shipped by the Texas Star Flour Mills, in part from Tulia,- 
Tex., on or about August 12, 1930, and in part from Galveston, Tex., on or- 
about September 2, 1930, and had been transported from the State of Texas into* 
the State of New York, and charging misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Large bag) " xy* 
Amaessa 48 Lbs, Flour; " (small sack) "Texas Star Flour Mills Amaessa 1*& 
Lbs. Flour Net Wt. When Packed Galveston, Tex."
It was alleged in the libel that the article was misbranded in that the 
statements, " iy2 Lbs. Flour Net Wt. When Packed" and "1% * * * 48 
Lbs.," borne on the labels, were false and misleading and deceived and misled
the purchaser. Misbranding was alleged for the further reason that the 
article was in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package.
On October 17, 1930, the Texas Star Flour Mills, Galveston, Tex., 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 bond in the sum of $3,000, con- 
ditioned in part that the sacks be sorted and those found short weight be 
repacked in barrels or bags and properly labeled.
ARTHUR M. HYDE, Secretary of Agriculture.