19823. Misbranding of   dairy   feed.    U.   S.   v.   The  Hermitage   Mills   (Inc.).
Plea   of  guilty.    Fine,  $50.    (F.   &  D.   No.   26622.    I.   S.  Nos.   011128, 
011129.)
This action was based on the interstate shipments of quantities* of dairy feed, 
samples of which were found to contain more fiber than declared on the label. 
Examination also showed the presence of excessive undeclared oat hulls.
On October 21, 1931, the United States attorney for the Middle District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid an information 
against the Hermitage Mills, a corporation, Nashville, Tenn., alleging shipment 
by said company in violation of the food and drugs act, from the State of 
Tennessee into the State of Kentucky, in part on or about January 8, 1930, and 
in part on or about February 6, 1930, of quantities of dairy feed that was mis- 
branded. The article was labeled in part: (Tag) "Jersey Queen Dairy Feed 
Made By The Hermitage Mills, Nashville, Tenn., Guaranteed Analysis Per 
Cent * * * Fiber 15.00. Made From: Old Process Cocoanut Oil Cake Meal, 
Wheat Shorts, Ground Oats, Corn Feed Meal, Cottonseed Meal, Alfalfa Meal, 
Bone Meal 2%, Molasses, Salt 1%."
It was alleged in the information that the article was misbranded in that the 
statements, " Guaranteed Analysis Per Cent * * * Fiber 15.00 " and " Made 
From: Old Process Cocoanut Oil Cake Meal, Wheat Shorts, Ground Oats, Com 
Feed Meal, Cottonseed Meal, Alfalfa Meal, Bone Meal 2%, Molasses, Salt 1%," 
borne on the tag attached to the bags containing the article were false and 
misleading; and for the further reason that the article was labeled as aforesaid 
so as to deceive and mislead the purchaser, since the said statements repre- 
sented that the article contained 15 per cent of fiber, and was made exclusively 
from the ingredients declared on the tag, whereas it contained more than 15 
per cent of fiber and was not made exclusively from the ingredients stated 
on the tag, but was made in part of and contained an excessive quantity of 
oat hulls.
On May 19, 1932, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
HENRY A. WALLACE, Secretary of Agriculture.    {