28926. Adulteration and misbranding of potatoes. IT. S. v. 400 Sacks of Pota- 
toes. Consent decree of condemnation. Product released under bond 
for  destruction  of adulterated  portion and  relabeling of  renuiinder.
(F. & D. No. 41942.    Sample No. 16810-D.)
One of these two lots of potatoes was seriously damaged by net necrosis, and 
both lots fell below their labeled grades because of excessive defects.
On or about March 11, 1938, the United States attorney for the Eastern Dis- 
trict of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 400 sacks of potatoes 
at Brooklyn, N. Y., alleging that the article had been shipped in interstate com- 
merce on or about March 4, 1938, from Dover-Foxcroft, Maine, by M. A. Sanborn 
Co., and charging that a portion of them were adulterated and that all of them 
were misbranded in violation of the Food and Drugs Act.
The said portion was alleged to be adulterated in that it consisted in whole or 
in part of a decomposed vegetable substance.
Misbranding was alleged in that the statements, "U. S. No. 1 Size B" and "U. S. 
Commercial," borne on the tags, were false and misleading and tended to deceive 
and mislead the purchaser when applied to potatoes below U. S. grade No, 1 and 
U. S. Commercial, respectively.
On March 17, 1938, Melvin A. Sanborn of Dover-Foxcroft, Maine, claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation was entered, and the product was ordered 
released under bond conditioned that the potatoes tagged "U. S. No. 1 Size B" 
be relabeled, and that the potatoes tagged "U. S. Commercial" be destroyed or 
sold as animal food.
M. L. WILSON, Acting Secretary of Agriculture.