21054. Misbranding of potatoes.    17. S. v. 2GO Sacks  of Potatoes.     Consent
decree of destruction.     (F. & D. no. 30540.    Sample no. 39005-A.)
This case involved a shipment of potatoes in sacks which were not labeled 
with a statement of the quantity of the contents, as required by law.
On May 29, 1933, the United States attorney for the Western District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 266 sacks of potatoes 
at Memphis, Tenn., alleging that the article had been shipped by the Terrebonne 
Cooperative Association, from the State of Louisiana into the State of 
Tennessee, on or about May 18, 1933, and charging misbranding in violation of
the Food and Drugs Act as amended.   The article was labeled, " Unclassified." 
It was alleged in the libel that the article was misbranded in that it was 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package.
On June 10, 1933, the owner of the product having consented to the destruc- 
tion of the potatoes, since they were in a decaying condition, judgment was 
entered ordering that they be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.