12587. Misbranding of oats. U. S. v. 300 Sacks of Oats, More or Less. Con- 
sent decree of condemnation and forfeiture. Product released 
nnder bond to be relabeled. (F. & D. No. 18666. 1. S. No. 18433-v. 
S. No. C-43S1.)
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 300 sacks of oats remaining in the original unbroken pack- 
ages at Greenwood, Miss., alleging that the article had been shipped by the 
George J. Hamner Grain Co., Memphis, Tenn., April 29, 1924, and transported 
from the State of Tennessee into the State of Mississippi, and charging mis- 
branding in violation of the food and drugs act as amended. The article was 
invoiced, " White Oats."
Misbranding of the article was alleged in substance in the libel for the reason 
that it was offered for sale under the distinctive name of oats, when it was 
in fact an admixture of oats and foreign material, including wild oats, barley 
skimmings, rye, white [wheat] chaff, and dirt, and had been bleached with 
sulfur dioxide, which was not declared. 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.
On July 5,1924, the George J. Hamner Grain Co., Memphis, Tenn., having ap- 
peared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was or- 
dered by the court that the product be released to the said claimant upon pay- 
ment of the costs of the proceedings and the execution of a bond in the sum of 
$500, in conformity with section 10 of the act, conditioned in part that it be 
properly labeled.
HOWAKD M. GOEE, Secretary of Agriculture.