(NT. J. 119.)
ADULTERATION AND MISBRANDING OF A STOCK FEED (GLOBE
FLOUR MIDDLINGS).
(AS TO PRESENCE OF GROUND CORNCOBS.)
In accordance with the provisions of section 4 of the Food and?
Drugs Act of June 30, 1906, and of regulation 6 of the rules and?
regulations for the enforcement of the act, notice is given of the?
judgment of the court in the case of the United States v. 20,000?
pounds of Globe flour middlings, a proceeding of libel under sec??
tion 10 of the act, in the district court of the United States for?
the middle district of Pennsylvania, for seizure and condemnation of?
the said middlings for the reason that they were adulterated and mis-?
branded, in this, that each sack containing the same was labeled and?
branded, " 100 lbs. Globe Flour Middlings, Protein 11 to 13?, Fat 3?
to 4?, Crude Fiber 13-15, Globe Elevator Company, Buffalo, N. Y.,"?
whereas, in fact, they also contained about 10 per cent of ground?
corncobs. E. P. Daily, consignee and claimant, having appeared and?
the cause having come on for hearing on March 27, 1909, upon an?
16548?09
agreed statement of facts, the court adjudged the goods adulter??
ated and misbranded, and entered an order in substance and in form?
as follows:
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA.
THE UNITED STATES OF AMERICA, Libelant, )
vs.?
| February term, 1909.
20,000 LBS. OF GLOBE FLOUR MIDDLINGS.    J
And now, March 27th, 1909, it appearing to the court, the United States, by?
Alonzo T. Searle, assistant United States attorney, and E. P. Daily, the claim??
ant, and owner of the property seized herein, by his attorney, John F. Scragg,?
esq., consenting thereto, that under the process issued in this cause sixty-four?
full sacks of 100 pounds each of Globe flour middlings, designed as food for?
animals, and each of said sacks being labeled and branded as follows, to wit,?
" 100 lbs. Globe Flour Middlings, Protein 11 to 13?, Fat 3 to 4?, crude fiber?
13-15, Globe Elevator Company, Buffalo, N. Y.," were seized by the United?
States marshal in the possession of E. P. Daily, merchant, in the village?
of Genesee, in Genesee Township, Potter County, in the State of Pennsyl??
vania; that the same were subject to seizure and confiscation by the United?
States for the causes set forth in the libel herein?that is to say, for the reason?
that said sacks containing said Globe flour middlings were misbranded and?
contents adulterated, the same appearing to deceive and mislead the purchaser.
And it further appearing by like consent that the said E. P. Daily has agreed?
that an order may be entered at once condemning and confiscating the said?
property to the United States;
It is therefore ordered, adjudged, and decreed that the said sixty-four full?
sacks of 100 lbs. each of Globe flour middlings above described, now in the?
possession of the marshal of the court, be, and the same are hereby, declared?
to be forfeited and confiscated to the United States.
It is further ordered, however, that upon payment by the said E. P. Daily?
of the costs of this proceeding, and the execution and delivery of a good and?
sufficient bond in the sum of one thousand dollars, to be filed with the clerk?
in this cause, conditioned that said sixty-four full sacks of 100 lbs. each of?
Globe flour middlings shall not be sold or otherwise disposed of, contrary to?
the provisions of the act of June 30, 1906, commonly known as the Pure Food?
and Drugs Act, or contrary to the laws of the State of Pennsylvania, then?
the marshal of this court is hereby directed to deliver said sixty-four full sacks?
of 100 lbs. each of Globe flour middlings to the said E. P. Daily or his agents,
And in the event that said E. P. Daily shall fail to pay the costs of this?
proceeding, or fail to give bond as above provided, within fifteen days from the?
entry of this order, then the marshal of this court is directed, after first prop??
erly branding said sixty-four full sacks of 100 lbs. each of Globe flour middlings,?
to advertise the same for sale in some newspaper published in Potter County,?
Pennsylvania, for a period of fifteen days, and sell the same at the store of?
E. P. Daily, in Genesee, Potter County, Penna., to the highest bidder.
R. W. ARCHBALD,
V. 8. District Judge.
The facts in the case were as follows:
On or about February 23, 1909, an inspector of the Department of?
Agriculture found at Buffalo, N. Y., a consignment of stock feed
awaiting shipment to Genesee, Pa., contained in sacks of 100 pounds,?
each sack bearing a tag label reading " 100 lbs. Globe Flour Mid??
dlings, Protein 11 to 13?, Fat 3 to 4?, Crude Fiber 13-15, Globe?
Elevator Company, Buffalo, N". Y." A sample taken from this con??
signment was examined in the Bureau of Chemistry, United States?
Department of Agriculture, and found to contain approximately 10?
per cent of ground corncobs. The product was, therefore, adulter??
ated in that ground corncobs had been substituted in part for said?
Globe middlings, and misbranded in that the sacks containing the?
same were labeled so as to indicate that the contents were made en??
tirely from wheat, whereas they also contained about 10 per cent of?
ground corncobs. This consignment was later found by the inspector?
in the possession of E. P. Daily at Genesee, Pa., and on March 3,?
1909, the facts were reported by the Secretary of Agriculture to the?
United States attorney for the middle district of Pennsylvania, and?
libel for seizure and condemnation was duly filed, with the result?
hereinbefore stated.
H. W. WILEY,?
F. L. DTJNLAP,?
GEO. P. MCCABE,?
Board of Food and Drug Inspection.
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, November 87,1909.