110S1. Adulteration and misbranding of feed.    U. S. v. Milam-Morgan Co.,?
Ltd.,   a   Corporation.    Plea   of   gnilty.    Fine,   $110.     (F.   &   D.   No.
14917.    I.    S.   Nos.    112-r,   10537-r,   1115'5-r,   11165-r,   11166-r,    11169-r,?
11170-r.)
On October 4, 1921, the United States attorney for the Eastern District of?
Louisiana, 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?
Milam-Morgan Co., Ltd., a corporation, New Orleans, La., alleging shipment by?
said company in violation of the Food and Drugs Act, as amended, in various?
consignments, namely, on or about April 23, 1920, from the State of Louisiana?
into the State of Florida, on or about May 20, 1920, from the State of Louisiana?
into the State of Alabama, and on or about February 12, April 10, April 16,?
April 22, and April 24, 1920, from the State of Louisiana into the State of?
Mississippi, of quantities of feed, a portion of which was misbranded and the?
?remainder of which was adulterated and misbranded. The article was labeled?
in part: " Manufactured by Milam-Morgan Co., Ltd. New Orleans, La." The?
various brands of the article were further labeled in part: " Bay Mule Molasses?
Feed; " " Evergreen Molasses Feed; " " Perfecto Horse and Mule Feed; "?
" ' Milo ' Stock Feed; " "' Suwanee' Horse and Mule Feed."
Analysis of samples of the article by the Bureau of Chemistry of this depart??
ment showed the following results: The three consignments of Bay Mule brand?
?contained 16.97, 16.88, and 19.18 per cent, respectively, of crude fiber, and con??
tained corn, oats, alfalfa, cottonseed meal, rice bran, and peanut shells. No?
oat feed was found in two of the three consignments. The product involved?
in the consignment of May 20, 1920, into Alabama, was short weight. The?
Evergreen brand contained 17.81 per cent of crude fiber and consisted of corn,?
alfalfa, rice bran, cracked kafir or milo, cottonseed hulls, peanut shells, and?
small wheat grains, probably from screenings. No oats and not more than a?
trace of oat feed, if any, and no cottonseed meal were present. The Perfecto?
brand contained 7.74 per cent of protein and consisted of corn, oats, alfalfa,?
rice bran, an oat by-product, probably oat feed, and cottonseed hulls. No?
cottonseed meal was found. The
 Milo brand contained 7.66 per cent of protein?
and consisted of corn, oats, alfalfa, and rice hulls. The Suwanee brand con??
tained 20.48 per cent of crude fiber and consisted of corn, a trace of oats, a?
negligible trace of alfalfa, rice bran with an excess of rice hulls, not more?
than a trace of oat feed, if any, and cottonseed meal; it also contained peanut?
shells, wheat and chaff, probably from screenings, and a little ground kafir.
Adulteration of the Milo brand was alleged in the information for the reason?
that a substance, to wit, rice hulls, had been substituted in whole or in part?
for a product composed of corn, oats, alfalfa, cane molasses, and salt, which?
the article purported to be. Adulteration of the Suwanee brand was alleged?
for the reason that substances, to wit, peanut shells, rice hulls, and screenings?
had been mixed and packed therewith so as to lower and reduce and injuriously?
affect its quality and strength and had been substituted in part for a product
:N. J. 11051-11100.]    SERVICE  AND REGULATORY ANNOUNCEMENTS.	45
composed of corn, oats, alfalfa, rice bran, oat feed (oat hulls, oat middlings,?
oat shorts), cottonseed meal, cane molasses, and salt, which, the article pur??
ported to be. Adulteration of a portion of the Bay Mule brand was alleged?
for the reason that a substance, to wit, peanut shells, had been substituted in?
.part for a product composed of corn, oats, alfalfa, rice bran, oat feed (oat hulls,?
oat middlings, oat shorts), cottonseed meal, cane molasses, and salt, which the?
-article purported to be.
Misbranding was alleged in substance for the reason that the statements,?
.to wit, " Containing Corn, Oats, Alfalfa, Cane Molasses, Salt," with respect to?
the Milo brand, and " Containing Corn, Oats, Alfalfa, Rice Bran, Oat Peed,?
{Oat Hulls, Oat Middlings, Oat Shorts), Cottonseed Meal, Cane Molasses, Salt,"?
with respect to the remaining brands, together with the additional statements,?
to wit, " Guaranteed Analysis * * * Fibre 15.00 ?," with respect to the?
Evergreen and Suwanee brands, " Guaranteed Analysis * * * Protein?
9.00 ?," with respect to the Perfecto and Milo brands, and "Fibre 15.00 ?,"?
" 100 Pounds Net When Packed," with respect to a portion of the Bay Mule?
brand, borne on the tags attached to the sacks containing the article, re??
garding the said article and the ingredients and substances contained therein,?
were false and misleading in that the said statements represented that the?
article consisted wholly of corn, oats, alfalfa, rice bran, oat feed (oat hulls,?
oat middlings, oat shorts), cottonseed meal, cane molasses, and salt, or corn,?
alfalfa, oats, cane molasses, and salt, as the case might be, that the Evergreen?
brand, a portion of the Bay Mule brand, and the Suwanee brand contained not?
more than 15 per cent of fiber, that the Perfecto brand and the Milo brand?
contained not less than 9 per cent of protein, and that the sacks containing?
a portion of the Bay Mule brand contained 100 pounds thereof, 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,?
oats, alfalfa, rice bran, oat feed (oafc hulls, oat middlings, oat shorts), cot??
tonseed meal, cane molasses, and salt, or corn, alfalfa, oats, cane molasses,?
and salt, as the case might be, that the Evergreen brand, a portion of the Bay?
Mule brand, and the Suwanee brand contained not more than 15 per cent of fiber,?
that the Perfecto brand and the Milo brand contained not less than 9 per?
cent of protein, and that the sacks containing a portion of the Bay Mule?
'brand contained 100 pounds thereof, whereas, in truth and in fact, the article?
did not contain the ingredients appearing in the labeling, but a portion of?
the Bay Mule brand consisted of a mixture which contained peanut shells?
-and no oat feed, a portion thereof contained more than 15 per cent of fiber?
and consisted of a mixture composed in part of peanut shells which contained?
no oat feed, and the remainder thereof contained more than 15 per cent of?
fiber and consisted of a mixture composed in part of peanut shells, and the?
sacks containing the said portion contained less than 100 pounds net thereof,?
the Evergreen brand contained more than 15 per cent of fiber and consisted?
of a mixture composed in part of peanut shells, cottonseed hulls, and cracked?
'kafir or milo which contained little if any cottonseed meal or oat feed, the?
Perfecto brand contained less than 9 per cent of protein and consisted of a?
mixture composed in part of cottonseed hulls which contained no cottonseed?
meal, the Milo brand contained less than 9 per cent of protein and consisted?
of a mixture composed in part of rice hulls, and the Suwanee brand contained?
more than 15 per cent of fiber and consisted of a mixture composed in part?
?of peanut shells, rice hulls, and screenings which contained little if any oats,?
oat feed, or alfalfa.
On December 6,1921, a plea of guilty to the information was entered on behalf?
of the defendant company, and the court imposed a fine of $110.
C. F. MARVIN, Acting Secretary of Agriculture.