F. & D. No. 922.
I. S. No. 23915-a.	
Issued March 8, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 759, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF OATS.
On or about February 25, 1909, the J. B. Edgar Grain Company,?
a corporation, Memphis, Tenn., shipped from the State of Tennessee?
into the State of Georgia a consignment of oats invoiced and sold as?
No. 2 white oats. Samples from this shipment were procured and?
examined by the Bureau of Chemistry, United States Department of?
Agriculture, and the product was found to consist of oats 85 per cent,?
barley 7 per cent, wheat 1 per cent, chaff and weed seeds 7 per cent.'?
As it appeared from the above examination and report thereon that?
the product was adulterated and misbranded within the meaning of?
the Food and Drugs Act of June 30, 1906, the Secretary of Agri??
culture afforded the said J. B. Edgar Grain Company, Incorporated,?
and the party from whom the samples were procured opportunities?
for hearings. As it appeared after hearings held that the ship??
ment was made in violation of the act, the Secretary of Agriculture?
reported the facts to the Attorney-General with a statement of the?
evidence upon which to base a prosecution.
In due course a criminal information was filed in the Circuit Court?
of the United States for the Western District of Tennessee against the?
said J. B. Edgar Grain Company, Incorporated, charging the above?
shipment and alleging that the product so shipped was adulterated?
in that barley, wheat, chaff, and miscellaneous weed seeds to the?
extent of 15 per cent had been mixed and packed with the said No. 2?
white oats, and in that barley, wheat, chaff, and miscellaneous weed?
seeds had been substituted in part for the article. The information?
also alleged that the product was misbranded in that it was offered?
for sale under the distinctive name of No. 2 white oats, whereas in?
truth and in fact the said product was not No. 2 white oats, but a?
mixture of which there was 85 per cent of oats and 15 per cent of?
foreign substances, consisting of barley, wheat, chaff, and miscella??
neous weed seeds.
On December 3, 1910, the defendant entered a plea of guilty to the?
above information and the court imposed a fine of $10 and costs.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, February 7, 1911.
7S2400?No. 759?11