I. S. Nos. 19881-a, 19883-a, 19899-a, 19900-a.	
Issued March 19, 1910.
F. & D. Nos. 804 and 686.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 219, FOOD AND DRUGS ACT.
ADULTERATION OF MILK.
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. Henry?
Boberink, of Lawrenceburg, Ind., a prosecution lately pending in?
the District Court of the United States for the District of Indiana?
for violation of section 2 of the aforesaid act in the shipment from?
Indiana to Ohio by the aforesaid defendant of milk which was adul??
terated within the meaning of section 7 of the act in that it consisted?
in part of a filthy, decomposed, and putrid animal substance. On?
November 30, 1909, the defendant having been arraigned upon an?
indictment alleging the aforesaid shipment by him of adulterated?
milk, entered his plea of guilty and was sentenced by the court to?
pay a fine of $10.
This case was based upon a sample of milk procured by an inspector?
of the United States Department of Agriculture, on March 16, 1909,?
from the shipping can after the milk had reached Cincinnati, Ohio,?
from the consignor for delivery to Tom Davis, Cincinnati, Ohio.?
The inspector saw the shipment of milk delivered to the railroad at?
the point of shipment, identified it with its consignor, and accom??
panied it to Cincinnati. The aforesaid samples were duly analyzed?
in the Bureau of Chemistry of the United States Department of?
Agriculture and found to consist in part of a filthy, decomposed and?
putrid animal substance.
It appearing from the aforesaid analysis that the milk was adulter??
ated, the Secretary of Agriculture gave notice to Tom Davis, the?
dealer from whom the sample was procured, and also to Henry?
Boberink, the shipper, and gave them an opportunity to be heard.?
31007?10
The said Henry Boberink being the party solely responsible for the?
shipment and having failed to show any fault or error in the result?
of the said analysis, and it having been determined that the milk?
was adulterated, the said Secretary on August 20, 1909, reported the?
facts and evidence to the Attorney General by whom they were?
referred to the United States attorney for the District of Indiana,?
who presented the facts and evidence to the Grand Jury, by whom?
an indictment was returned against the aforesaid defendant, with?
the result hereinbefore stated.
JAMES WILSON,?
Secretary of Agriculture.?
WASHINGTON, J). C, February 23, 1910.
219