20623. Adulteration   and  Misbranding of  rye flour.   U.  S.  v.  350   Sacks  of
Rye    Flour.     Consent    decree    of    condemnation    and   forfeiture. 
Product released under bond to be  relabeled.     (F. & D.  no.  29314.. 
Sample no. 20488-A.)
This case involved an interstate shipment of rye flour that was artificially 
bleached and contained benzoyl peroxide or its residue, benzoic acid.
On November 23, 1932, the United States attorney for the Eastern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the! United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 350 sacks of rye flour, remaining in the original 
packages at St. George, Staten Island, N.Y., alleging that the article had been 
shipped in interstate commerce, on or about September 25, 1932, by the Duluth 
Superior Milling Co., from Duluth, Minn., into the State of New York, and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Duluth Superior Milling Co., Pure 
Imperial White Rye Flour 1 Duluth Minn."
It was alleged in the libel that the article was adulterated in that artificially 
bleached rye flour containing benzoyl peroxide or its residue, benzoic acid, had 
been substituted for the article.
Misbranding was alleged for the reason that the label of the article repre- 
sented that it was pure rye flour, whereas it was not.
On January 4, 1933, the Standard Milling Co., New York, N.Y., 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 $1,000, conditioned 
that it be relabeled by stenciling on each sack the words " Bleached With 
Benzoyl Peroxide."
R. G. TUGWELL, Acting Secretary of Agriculture.