19647. Misbranding of rice.    U. S. v. 75 Bags of Rice.    Consent decree of
condemnation   and   forfeiture.    Product   released   under   bond.
(F. & D. No. 27679.    I. S. No. 22894.    S. No. 5761.) 
j
The rice in this shipment having been found to be of a lower grade than 
labeled, the Secretary of Agriculture reported the matter to the United States 
attorney fcr the Territory of Hawaii.
On January 25, 1932, the United States attorney for the District of Hawaii, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 75 bags of rice at Honolulu, Hawaii, consigned by the Growers 
Rice Milling Co., in San Francisco, Calif., alleging that the article had been 
shipped from San Francisco, Calif., on January 15, 1932, to Honolulu, Hawaii, 
and that it was misbranded in violation of the focd and drugs act.
It was alleged in the libel that the article was misbranded in that the bags 
containing the article were labeled, "Extra Fancy California Japan Rice," 
which label was false and misleading and deceived and misled the purchaser, 
since the said label represented that the rice was Extra Fancy grade, whereas it 
was of a different and lower grade, to wit, Fancy grade.
On January 25, 1932, T. Sumida & Co. (Ltd.), a Hawaiian corporation, hav- 
ing appeared as claimant for the property and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered. On the 
same date, the claimant having paid the costs of the proceedings and having 
executed a bond in the sum of $300, conditioned in part that the product should 
not be sold or otherwise disposed of contrary to the Federal food and drugs act 
or the laws of the Territory of Hawaii, the court ordered that the goods be 
released to the claimant.
ABTHXJB M. HYDE, Secretary of Agriculture.