23147. Adulteration  and misbranding of  wheat   gray  aborts   and   screen¬
ings.    U. S. v. Star Mill & Elevator Co., Inc.    Flea of guilty.    Fine, 
$2 and costs.     (F. & D. no.  33754.    Sample no. 18526-A.)
This case was based on an interstate shipment of alleged wheat gray shorts 
and screenings which consisted of wheat brown shorts and screenings. The 
product was found to contain more crude fiber than declared on the label.
On September 19, 1934, the United States attorney for the Western District 
of Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Star Mill & Elevator Co., Inc., a cor- 
poration, Hennessey, Okla., alleging shipment by said company, in violation of 
the Food and Drugs Act, on or about September 28, 1933, from the State of 
Oklahoma into the State of Texas, of a quantity of wheat gray shorts and 
screenings which were adulterated and misbranded. The article was labeled in 
part: (Tag) "Wheat Gray Shorts & Screenings * * * Manufactured by 
Star Mill & Elevator Company, Hennessey, Oklahoma, Guaranteed Analysis: 
*   *    *    Crude Fiber not more than 6.00 Per Cent."
The article was alleged to be adulterated in that a mixture of wheat brown 
shorts and screenings had been substituted for wheat gray shorts and screen- 
ings, which the article purported to be.
Misbranding was alleged for the reason that the statements, "Wheat Gray 
Shorts & Screenings * * * Guaranteed Analysis * * * Crude Fiber not 
more than 6.00 Per Cent", borne on the tag, was false and misleading and for 
the further reason that the article was labeled so as to deceive and mislead the 
purchaser, since it was wheat brown shorts and screenings, and contained more 
than 6 percent of crude fiber.
On September 25, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $2 and costs.
M. L. WILSON, Acting Secretary of Agriculture.