11682.?Adulteration and misbranding- of oats.     TJ.  S. v.  200  Saclts   of  Oats.
Decree of condemnation and forfeiture.    Product released under?
bond.     (F. & D. No. 16091.    I. S. No. 4257-t.    S. No. C-3496.)
On April 11, 1922, the United States attorney for the Eastern District of?
Tennessee, acting upon a,report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 200 sacks of oats, remaining in the original unbroken?
packages at Jellico, Tenn., alleging that the article had been shipped by?
Callahan & Sons, Louisville, Ky., March 25, 1922, and transported from the?
State of Kentucky into the State of Tennessee, and charging adulteration and?
misbranding in violation of the Food and Drugs Act. The article was labeled?
in part: "Average Net Weight 159 1/4 Lbs.    *    *    *    Callahan's Dixie Oats."
Adulteration of the article was alleged in the libel for the reason that wild?
oats, barley, corn, weed seeds, chaff, and dirt had been mixed and packed there??
with so as to reduce and lower and injuriously affect its quality and strength?
and had been substituted in part, if not in whole, for the said article.
Misbranding was alleged for the reason that the article was an imitation?
of and offered for sale under the distinctive name of another article, to wit,?
No. 3 white oats.
On October 18, 1922, Callahan & Sons, Louisville, Ky., having appeared as?
claimant for the property, 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 the costs of the proceedings and the execution?
of a bond in the sum of $300, in conformity with section 10 of the act, con??
ditioned in part that it be relabeled " Oats and Screenings."
HOWARD M. GORE, Acting Secretary of Agriculture.