18576. Adulteration and Misbranding of beef scrap and bone, feeding: 
bone meal, and blood feeding; tankage. 17. S. v. Independent 
Manufacturing Co.    Plea of nolo contendere.    Fine, 8350.     (F. & D.
No. 25706.    I. S. Nos. 011076, 012425, 027026, 028309.)
The products herein described consisted of feeds variously designated as 
beef scrap and bone, feeding bone meal, and blood feeding tankage. All were 
deficient in protein in that they contained less protein than declared on the 
labels, and the so-called blood feeding tknkage contained undeclared vegetable 
matter.
On March 27, 1931, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid an informa- 
tion against the Independent Manufacturing Co., a corporation, Philadelphia, 
Pa., alleging shipment by said company, in violation of the food and drugs 
act, on or about'February 3, 1930, from the State of Pennsylvania into the 
State of New Jersey, of a quantity of blood feeding tankage; on or about 
March 3, 1930, from the State of Pennsylvania into the State of Maryland, of 
quantities of beef scrap and bone; and on or about April 18, 1930, from the 
State of Pennsylvania into the State of New York, of a quantity of feeding 
bone meal, which products were adulterated and misbranded. The articles 
were labeled in part, variously: (Tags) "From Independent Manufacturing 
Co. * * * Philadelphia, Pa. * * * Independent's 50%. Beef Scrap & 
Bone. Protein 50%' [or " Protein 55% "];" " Independent's Sterilized Steamed 
Feeding Bone Meal. Analysis Protein 12.00%, made by Independent Mfg. Co., 
Philadelphia, Pa.;" "From Independent Manufacturing Co. * * * Inde- 
pendent's 60% Blood Feeding Tankage Protein 60% Min."
It was alleged in the information that the articles were adulterated for the 
following reasons: Products deficient in protein had been substituted for 50 
per cent protein beef scrap and bone, and 55 per cent protein beef scrap and 
bone; a product containing less than 12 per cent of protein had been substituted 
for 12 per cent protein feeding bone meal; and a product deficient in protein 
and which contained undeclared vegetable matter had been substituted for 60 
per cent blood feeding tankage.
Misbranding was alleged for the reason that the statements, " Protein 50%," 
and " Protein 55%," with respect to the so-called beef scrap and bone, the 
statement, " Analysis Protein 12.00%," with respect to the so-called feeding 
bone meal, and the statements, " 60% Blood Feeding Tankage " and " Protein 
60% Min.," with respect to the so-called blood feeding tankage, were false and 
misleading in that the said statements represented that the articles each con- 
tained the amount of protein declared on the label, and that the blood feeding 
tankage consisted wholly of 60 per cent blood feeding tankage; and for the 
further reason that they were labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that they contained the said declared amounts of 
protein and that the blood feeding tankage consisted wholly of 60 per cent blood 
feeding tankage; whereas they contained less protein than declared on the 
labels, and the so-called blood feeding tankage consisted in part of an undeclared 
vegetable substance.
On June 24, 1931, a plea of nolo contendere to the information was entered 
on behalf of the defendant company, and' the court imposed a fine of $350.
ABTHUB M. HYDE, Secretary of Agriculture.