13157.   Misbranding: of oats.     U. S. v. 280 Sacks of Oats.     Default decree of 
condemnation,   forfeiture,   and   destruction.     (F.   &   1).    No.    18667.
I. S. No. 18432-v.     S. No. C-4380.)
On May 7, 1924, the United States attorney for the Northern District of 
Mississippi, 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 230 sacks of oats, remaining in the original un- 
broken packages at Jonestown, Miss., alleging that the article had been 
shipped by the George J. Hamner Grain Co., Memphis, Tenn., April 24, 1924, 
and transported from the State of Tennessee into the State of Mississippi, 
and charging misbranding in violation of the food and drugs act as amended. 
The article was invoiced as " Oats."
Misbranding of the article was alleged in substance in the libel for the 
reason that it was an admixture of oats and foreign material including wild' 
oats, barley, skimmings, rye, white (wheat) chaff, and dirt, said foreign ma- 
terial having been bleached with sulfur dioxide, which was not declared, and 
was offered for sale under the distinctive name of " Oats." 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 in terms of weight, measure, and numerical count.
On October 22, 1924, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.