21166. Adulteration  and Misbranding of  rice.   IT.  S. v.  300 "Bags  of Rice.
Consent   decree  of condemnation.   Product  released   under  bond 
to be relabeled.     (F. & D. no. 30453.    Sample no. 23337-A.)
This case involved an interstate shipment of rice which was labeled " Extra 
Fancy ", and which was of lower grade than Extra Fancy rice.
On May 9, 1933, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 300 bags of rice at Portland, Oreg., 
alleging that the article had been shipped in interstate commerce, on or about 
May 4, 1933, by the C. E. Grosjean Rice Milling Co., from San Francisco, 
Calif., and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: " Extra Fancy T [in diamond] 
Rice Grown in California."
It was alleged in the libel that the article was adulterated in that rice below 
the grade specified on the label had been substituted for the article.
Misbranding was alleged for the reason that the statement on the label, 
"Extra Fancy", was false and misleading and deceived and misled the 
purchaser.
On May 27, 1933, the Teikoku Co., Portland, Oreg., 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 claimant upon payment of costs and the execu- 
tion of a bond in the sum of $500, conditioned that it be relabeled in manner 
satisfactory to this Department.
M. L. WILSON, Acting Secretary of Agriculture.