28514. Misbranding of onions.     U. S. v. 500 Sacks of Yellow Onions.     Decree of
condemnation.    Product released under bond for repacking and relabel- 
ing.    (F. & D. No. 41544.    Sample No. 16802-D.)
This product was below the standard declared on the label.
On January 27, 1988, the United States attorney for the Southern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 500 sacks of onions at Jackson- 
ville, Fla., alleging that the article had been shipped in interstate commerce on 
or about January 19, 1988, by Geo. W. Haxton & Son, Inc., from Oakfield, N. Y., 
and charging misbranding in violation of the Food and Drugs Act.
The article was alleged to be misbranded in that the statement "Haxto, 
U. S. No. 1" was false and misleading and tended to deceive and mislead the 
purchaser, since the article was not of U. S. No. 1 Commercial Standard but was 
below the said standard, since 11 percent of the onions were less than 1% 
inches in diameter and only 20 percent were 2 inches and larger in diameter; 
whereas U. S. No. 1 Standard requires a minimum size of 1% inches with a 
tolerance of only 5 percent for undersize and requires that not less than 40 per- 
cent be 2 inches or larger.
On January 29, 1988, Geo. W. Haxton & Son, Inc., having appeared as claim- 
ant, judgment of condemnation was entered and it was ordered that the product 
be released conditioned that it be resacked and relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.