13395. Adulteration, and misbranding: of feed. IT. S. v. Charles B. Fretwell and Ben D. Russell (Spartan Grain & Mill Co.). Plea of nolo con- tendere. Fine, $100. (F. & D. No. 19279. I. S. Nos. 16592-v, 16593-v, 16594-v.) On February 17, 1925, the United States attorney for the Western District of South parolina, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district an information against Charles D. Fretwell and Ben D. Russell, copartners, trading as the Spartan Grain & Mill Co., Spartanburg, S. C, alleging shipment by said defendant, in violation of the food and drugs act as amended, on or about April 15, 1924, from the State of South Carolina into the State of North Caro- lina, of quantities of feed which was adulterated and misbranded. The article was labeled, variously, in part: " 100 Lbs. Net When Packed Sweet Pasture Stock Feed Manufactured by Spartan Grain & Mill Co. Spartanburg, S. C. * * * Ingredients-Cotton Seed Meal, Alfalfa Meal, Oat Meal, Mill By- products, (Oat Middlings, Oat Shorts and Oat Hulls) and Molasses " ; " 100 Lbs. Net When Packed Carnation Horse Feed Manufactured by Spartan Grain & Mill Co. Spartanburg, S. C. Guaranteed Average Analysis: Protein 10.00% * * * Ingredients-Corn, Oats, Cotton Seed Meal, Alfalfa Meal, Oat Meal, Mill By-products, (Oat Middlings, Oat Shorts and Oat Hulls) and Molasses"; and " Spartan Grains Dairy Feed Sweet Manufactured By Spartan Grain and Mill Co. Spartanburg, S. C. * * * 100 Pounds Net 24% Protein." Analyses of samples of the article by the Bureau of Chemistry of this depart- ment showed that: The Sweet Pasture stock feed contained ground oat hulls^ wheat, and barley, which were not declared on the label, and did not contain oat meal, alfalfa meal, and mill by-products (oat middlings, oat shorts, and oat hulls), which were declared, and the average net weight of 10 sacks was 98.41 pounds; the Carnation horse feed contained 8.62 per cent of protein and oat hulls and mill screenings, which were not declared on the label, and did not contain oats, oat meal, alfalfa meal, and mill by-products (oat middlings, oat shorts, and oat hulls), which were declared, and the average net weight of 20 sacks was 99.19 pounds; the Spartan dairy feed contained 22.09 per cent of protein, and the average net weight of 10 sacks was 99.53 pounds. Adulteration of the Sweet Pasture stock feed was alleged in substance in the information for the reason that a substance devoid of certain ingredients declared on the label and containing certain ingredients not declared on the said label had been substituted in part for the article. Adulteration of the Carnation horse feed was alleged for the reason that a substance deficient in protein and containing undeclared ingredients, to wit, ground oat hulls and mill screenings, had been mixed and packed therewith so as to reduce and lower and injuriously affect its quality and strength and had been substituted for the said article. Adulteration of the Spartan dairy feed was alleged for the reason that a substance deficient in protein had been mixed and packed therewith so as to reduce and lower and injuriously affect its quality and strength and had been substituted for the article. Misbranding of all three brands of the article was alleged for the reason that the statement, to wit, "100 Lbs. Net," borne on the tags attached to the sacks containing the said article, was false and misleading, in that it rep- resented that the sacks each contained 100 pounds net of the article, and for the further reason that it was labeled as aforesaid so as to deceive and mislead the purchaser into the belief that the said sacks each contained 100 pounds net of the article, whereas the said sacks did not contain 100 pounds net of the said article but did contain less amounts. Misbranding of all three brands of the article was alleged for the further reason that it was food in package form and the quantity of the contents was not plainly and conspicuously marked oa the outside of the package, since the packages contained less than the quantity stated. Misbranding was alleged in substance with respect to the Carnation horse feed and the Spartan dairy feed for the further reason that the statements, to wit, "Guaranteed Average Analysis: Protein 10.00%," with respect to the former, and " 24% Protein," with respect to the latter, borne on the labels, were false and misleading, in that the said statements represented that the article contained 10 per cent of protein or 24 per cent of protein, as the case might be, and for the further reason that it was labeled as aforesaid so as to deceive and mislead the purchaser into the belief that it contained 10 per cent of protein or 24 per cent of protein, as the case might be, whereas the said article contained less protein than declared on the labels. Misbranding was- alleged in substance with respect to the Sweet Pasture stock feed and the Carnation horse feed for the reason that the statements, to wit, " Ingredients- Cotton Seed Meal, Alfalfa Meal, Oat Meal, Mill By-Products, (Oat Middlings, Oat Shorts, and Oat Hulls) and Molasses," with respect to the former, and " Carnation Horse Feed * * * Ingredients-Corn, Oats, Cotton Seed Meal, Alfalfa Meal, Oat,Meal, Mill By-Produets, (Oat Middlings, Oat Shorts, and Oat Hulls) and Molasses," with respect to the latter, borne on the labels, were false and misleading, in that the said statements represented that the articles consisted of the ingredients declared in the said statements, 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 of the ingredients declared in the said statements, whereas it did not contain certain ingredients declared and did contain certain ingredients not declared. On March 10, 1925, a plea of nolo contendere to the information was entered, and the court imposed a fine of ,$100. C. If. MAEVIN, Acting Secretary of Agriculture.