16446. Adulteration   and   Misbranding of  potatoes.    U.   S.  v.   1   Carload  of
Potatoes.     Product ordered released to be relabeled.     (F. & D. No.
23444.     I. S. No. 0483.     S. No. 1575.)
On or about February 25, 1929, the United States attorney for the Southern 
District of Florida, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel praying seizure 
and condemnation of 1 carload of potatoes, remaining-in the original unbroken 
packages at Miami, Fla., alleging that the article had' been shipped by Jim 
Kimball, from Kimberly, Idaho, on or about February 1, 1929, and transported 
from the State of Idaho into the State of Florida, and charging adulteration and 
misbranding in violation of the food and drugs act. The article was labeled in 
part: " U. S. No. 1."
It was alleged in the libel that the article was adulterated in that potatoes of 
an inferior quality and of a lower grade than U. S. No. 1 had been mixed and 
packed with and substituted wholly for the said article.
Misbranding was alleged for the reason that the statement, borne on the sacks, 
" U. S. No. 1," was false and misleading and deceived and mislead the purchaser.
On March 1, 1929, the Orange Belt Produce Co., Miami, Fla., having appeared 
as claimant for the property, it was ordered and decreed by the court that the 
product be released to the said claimant. It was further ordered that the 
claimant remove the present grade marks before any sale or disposition be made 
of the product.
ARTHUR M. HYDE, Secretary of Agriculture.