28098. Adulteration and misbranding of ground oats. U. S. v. Shawnee Milling: Co. (a corporation, trading: as Okeene Milling- Co.). Plea of guilty. Fine, $50 and costs. (F. & D. No. 39819. Sample No. 2082-C.) This product contained excess oat hulls and less protein and more fiber than declared. On November 19, 1937, 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 Shawnee Milling Co., a corpora- tion trading as the Okeene Milling Co., at Okeene, Okla., alleging shipment by said company on or about November 20, 1936, from the State of Oklahoma into the State of Texas of a quantity of ground oats that were adulterated and misbranded in violation of the Food and Drugs Act. The article was labeled in part: (Tag) "Ground Oats Manufactured by Hugo Milling Co., Hugo, Oklahoma." The article was alleged to be adulterated in that excessive oat hulls had been mixed and packed therewith so as to lower and reduce and injuriously affect its quality and strength and had been substituted in part for ground oats, which it purported to be. It was alleged to be misbranded in that the statements on the tag, "Ground Oats" and "Guaranteed Analysis Crude Protein not less than 10.00% Crude Fiber, not more than 11.00%," were false and misleading and were borne on the tag so as to deceive and mislead the purchaser since said statements represented that the article consisted wholly of ground oats and contained not less than 10 percent of crude protein and not more than 11 percent of crude fiber; whereas it consisted in large part of excessive oat hulls, and contained less than 10 percent of crude protein, namely, not more than 8.44 percent, and contained more than 11 percent of crude fiber, namely, not less than 21.54 percent. On December 14, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $50 and costs. HABEY L. BROWN, Acting Secretary of Agriculture.