10020.?Adulteration and misbranding of ground barley. V. S. * * * v. Upton Mill & Elevator Co., a Corporation. Plea of guilty. Fine, $25. (F. & D. No. 13928. I. S. Nos. 12161-r, 121T3r-r, 24627-r.) On May 17, 1921, the United States attorney for the District of Minnesota,? acting upon a report by the Secretary of Agriculture, filed in the District Court? of the United States for said district an information against the Upton Mill &? Elevator Co., a corporation, Minneapolis, Minn., alleging shipment by said com?? pany, in violation of the Food and Drugs Act, as amended, from the State of? Minnesota into the State of Indiana, on or about August 28, 1919, of two con?? signments of ground barley, and on or about August 30,1919, of one consignment? of the same, all of which was adulterated and misbranded. Examination of samples of the article by the Bureau of Chemistry of this de?? partment showed that the shipment of August 30 contained at least 12 per cent? of oats, including wild oats, that one shipment of August 28 contained about 12? per cent of oats, including wild oats, a little chaff, and weed seeds, and that the 94570?22?2 10 BUREAU £>F CHEMISTRY. [Supplement 131, other shipment of August 28 contained at least 9 per cent of oats, including? wild oats, and a small amount of weed seeds. Adulteration of the article was alleged in the information for the reason that? certain substances, to wit, oats, weed -seeds, and other foreign material, had? been mixed and packed therewith so as to lower and. reduce and injuriously? affect its quality and had been substituted in part for ground barley, which the? article purported to be. Misbranding was alleged for the reason that the article was a mixture com?? posed in part of oats, weed seeds, and other foreign material, and was pre?? pared in imitation of, and offered for sale and sold under the distinctive name? of, another article, to wit, ground barley, and for the further reason that it was? food in package form, and the quantity of the contents was not plainly and con?? spicuously marked on the outside of the package. Misbranding was alleged? with respect to a portion of the said article for the further reason that the? statement, to wit, " Gr-Barley," borne on the tags attached to the sacks con?? taining the said article, regarding it and the ingredients and substances con?? tained therein, was false and misleading in that it represented that the article? consisted wholly of ground barley, and for the further reason that it was? labeled as aforesaid so as to deceive and mislead the purchaser into the belief? that it consisted wholly of ground barley, whereas, in truth and in fact, the? said article did not so consist but did consist in part of oats, weed seeds, and? other foreign material. On October 4, 1921, a plea of guilty to the information was entered on behalf? of the defendant company, and the court imposed a fine of $25. C. W. PUGSLEY, Acting Secretary of Agriculture.