17725. Adulteration and Misbranding of dairy feed.     IT.  S. v. 300 Sacks of
Dairy   Feed.    Decree   of   condemnation   and   forfeiture.    Product 
released under bond.     (F. & D. No. 25194.    I. S. No. 18553.    S. No. 3461.)
Samples of dairy feed from the herein described interstate shipment having 
been found to contain undeclared calcium carbonate (ground limestone) and 
less protein than declared on the label, the Secretary of Agriculture reported 
the matter to the United States attorney for the District of Maryland.
On October 8, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 300 sacks of dairy feed, remaining in the original unbroken pack- 
ages at Cumberland, Md., alleging that the article had been shipped by the Ken- 
tucky Feed & Grain Co. (Inc.), from Louisville, Ky., on or about September 3, 
1930, and had been transported from the State of Kentucky into the State of 
Maryland, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: '' Marshall's 24% Dairy Feed, 
Made by Kentucky Feed & Grain Co., Incorporated, Louisville, Kentucky. Guar- 
anteed Analysis: Protein 24.00 Per Cent * * * Made from: Corn Gluten 
Meal, Linseed Meal, Cottonseed Meal, Corn Gluten Feed, Alfalfa Meal, Wheat 
Bran,  Corn Feed Meal, Wheat Middlings,  Rice Bran 10%,  Cane Molasses,
Salt y2%."
It was alleged in the libel that the article was adulterated in that a substance 
deficient in protein and containing calcium carbonate had been mixed and 
packed with and substituted in part for the said article.
Misbranding was alleged for the reason that the statements on the label, 
"24% Dairy Feed, Guaranteed Analysis: Protein 24.00 Per Cent, Made from 
Corn Gluten Meal, Linseed Meal, Cottonseed Meal, Corn Gluten Feed, Alfalfa 
Meal, Wheat Bran, Corn Feed Meal, Wheat Middlings, Rice Bran 10%, Cane 
Molasses, Salt %%," were false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the article was 
offered for sale under the distinctive name of another article.
On November 20, 1930, the Kentucky Feed & Grain Co. (Inc.), Louisville, Ky., 
having appeared as claimant for the property, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the product be 
released to the said claimant upon payment of costs and the execution of a 
bond in the sum of $1,200, conditioned in part that it be relabeled to conform 
to the requirements of the Federal food and drugs act.
ABTHTJB M. HTDB, Secretary of Agriculture.