24835. Misbranding of rye middlings.    IT. S. v. Eagle Roller Mill Co.    Plea of
guilty.    Fine, $25.    (P. & D. no. 33937.    Sample no. 68562-A.)
This case was based on an Interstate shipment of feed which was repre- 
sented to consist of rye middlings, but which consisted in part of screenings 
or scourings or both screenings and scourings.
On June 11, 1935, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Eagle Roller Mill Co., a corporation, New 
Ulm, Minn., alleging shipment by said company In violation of the Food and 
Drugs Act, on or about March 26, 1934, from the State of Minnesota into the 
State of Maryland, of a quantity of alleged rye middlings which were mis- 
branded.   The article was labeled In part: "Rye Middlings."
The article was alleged to be misbranded in that the statement "Rye Mid- 
dlings", borne on the tag attached to the sack containing the article, was false 
and misleading, and for the further reason that it was labeled so as to deceive 
and mislead the purchaser, since it was not rye middlings, but was rye mid- 
dlings and screenings and/or scourings. Misbranding was alleged for the 
further reason that the article was offered for sale under the distinctive name 
of another article.
On June 11, 1935J, a plea of guilty was entered on behalf of the defendant 
company and the court Imposed a fine of $25.
W. R. GBEGG, Acting Secretary of Agriculture.