12290. Adulteration and  misbranding- of oats.     V.  S. v. 222 Sacks  of Oats.
Decree of condemnation and forfeiture. Produet ordered sold, 
with proviso that it might be released under bond to be re- 
labeled.     (F. & D. No. 18600.    I.  S. No.  18034-v.    S. No.  C-4339.)
On April 19, 1924, 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 222 sacks of oats, remaining in the original unbroken 
packages at Johnson City, Tenn., alleging that the article had been shipped 
by Callahan & Sons, Louisville, Ky., April 12, 1924, 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: (Sack) "Callahan's Electric White Oats Farmers Exchange, Johnson 
City, Tenn."
Adulteration of the article was alleged in substance in the libel for the 
reason that rye and other grains had been mixed and packed therewith so as 
to reduce and lower and injuriously affect its quality and strength and had 
been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article, namely, oats, whereas, in truth 
and in fact, it was not oats but was an admixture of oats, rye, and cither 
grains.
On May 13, 1924, Callahan & Sons, Louisville, Ky., having appeared as 
claimant for the property, judgment of condemnation and forfeiture was en- 
tered^ and it was ordered by the court that the product be sold by the United 
States marshal, said order containing the proviso that the product might be 
released to the claimant upon payment of the costs of the proceedings and the 
execution of a bond in the sum of $1,200, in conformity with section 10 of the 
act, conditioned in part that it be relabeled " Oats and Other Grains."
HOWARD M. GORE, Acting Secretary of Agriculture.