4835. Adultex-ation and misox-antling' of liox-se feetl. V. S. v. W. J. Byrnes?
&. Co., a, eox-poration. Plea of guilty. Fine, SJS25. (F. & D. No. 6095.?
I. S. No. 27842-e.)
On June 11, 1915, the United States attorney for the Northern District of?
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district an information against W. J.?
Byrnes & Co., a corporation, Chicago, 111., alleging shipment by said company, in?
violation of the Food and Drugs Act, on or about February 4, 1913, from the?
State of Illinois into the State of Indiana, of a quantity of horse feed which was?
adulterated and misbranded. The article was labeled, in part: (On bag) "100?
Lbs. Banner Horse Feed?Guaranteed Analysis: Fat 3? ; Protein 10? ; Fibre?
8?; Carbohydrates 60? ; made from rolled oats and cracked corn, manufac??
tured by J. Byrnes & Co., Chicago, 111." (On tag) "$50 fine for using this tag?
second time. No. 3115. 100 pounds W. J. Byfnes & Co. of Chicago, 111., guaran??
tees this Banner Horse Feed to contain not less than 3.0? of crude Hat; 10.0??
of crude protein and to be compounded from the following ingredients: corn,?
rolled barley, and rolled oats    *    *    *."
Examination of a sample of the article by the Bureau of Chemistry of this?
department showed the presence of corn and rolled oats, 7.25 per cent of weed?
seeds and stems, and no barley.
Adulteration of the article was alleged in the information for the reason that?
a mixture of corn, rolled oats, weed seeds, and stems had been substituted, in?
whole or in part, for a mixture of corn, rolled barley, and rolled oats, which the?
article purported to be, and for the further reason that weed seeds and stems?
had been mixed and packed with the article so as to reduce, lower, or injuri??
ously affect its quality or strength.
Misbranding was alleged for the reason that the following statements, ap??
pearing on the label aforesaid, to wit, " Made from rolled oats and cracked?
corn " and " Compounded from the following ingredients: corn, rolled barley,?
and rolled oats," were false and misleading in that they indicated to the pur??
chasers thereof that the article consisted wholly of corn, rolled barley, and?
rolled oats; and for the further reason that the article was labeled as aforesaid?
so as to deceive and mislead the purchaser into the belief that it consisted?
wholly of corn, rolled barley, and rolled oats, when, in truth and in fact, it did?
not, but did consist of a mixture of corn, rolled oats, weed seeds, and stems.
On June 29, 1916, the defendant company entered a plea of guilty to the in??
formation, and the court imposed a fine of $25.
CABL VEOOMAN,?
Acting Secretary of Agriculture.
436	
BUREAU   OF   CHEMISTRY.	
[Supplement 27.