27761. Adulteration   and misbranding of   wheat   gray   shorts   and   screenings. 
U. S. v. Ponca City Milling Co., Inc.    Plea of guilty.    Fine, S30.     (F. &
D. No. 38675.    Sample No. 2079-C.)
In this product brown shorts had been substituted in whole or in part for 
gray shorts.   It also contained fiber in excess of the amount declared.
On July 3, 1937, the United States attorney for the Western District of Okla- 
homa, acting upon a report by the Secretary of Agriculture, filed in the district
court an information against the Ponca City Milling Co., Inc., Ponca City, Okla., 
alleging shipment by said company on or about August 25, 1936, from the State 
of Oklahoma into the State of Texas of a quantity of wheat gray shorts and 
screenings that were adulterated and misbranded in violation of the Food and 
Drugs Act. The article was labeled in part: (Tag) "Wheat Gray Shorts and 
Screenings * * * Ponca City Milling Company Ponca City, Oklahoma 
*   *   *   Crude Fiber not more than 6.00 Per Cent."
It was alleged to be adulterated in that wheat brown shorts had been sub- 
stituted in whole and in part for wheat gray shorts, which it purported to be.
It was alleged to be misbranded in that the statements on the tag, "Gray 
Shorts" and "Crude Fiber not more than 6.00 Per Cent," were false and mis- 
leading and were borne on the tag so as to deceive and mislead the purchaser 
since it was not gray shorts but was brown shorts; and it contained more 
than 6 percent of crude fiber, namely, 7.01 percent.
On September 2, 1937, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $30.
HAEEY L. BROWN, Acting Secretary of Agriculture.