30195. Adulteration   and misbranding of   wheat   gray   shorts   and   screenings.
U. S. v. Mrs. Harriet E. Hacker, William T. Hacker, Mrs. Charles F. 
Sprague, Jr., and Mrs. George Grist (Hacker Flour Mills). Plea of 
guilty. Fine, $26 and costs. (F. & D. No. 42621. Sample Nos. 3906-D, 
3907-D, 3908-D.)
Wheat brown shorts and screenings had been substituted in whole or in 
part for this product. It contained more crude fiber than declared on the 
tag and one lot contained less crude protein than declared.
On December 5, 1938, 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 Mrs. Harriet E. Hacker, William T. 
Hacker, Mrs. Charles F. Sprague, Jr., and Mrs. George Crist, copartners trading 
as Hacker Flour Mills, Jefferson, Okla., alleging shipment by said defendants in 
violation of the Food and Drugs Act, within the period from on or about 
March 7, 1938, to on or about May 3, 1938, from the State of Oklahoma into 
the State of Texas, of quantities of wheat gray shorts and screenings which 
were adulterated and misbranded.
The article was alleged to be adulterated in that wheat brown shorts and 
screenings had been substituted in whole or in part for wheat gray shorts and 
screenings.
It was alleged to be misbranded in that the statements on the tags, "Wheat 
Gray Shorts and Screenings" and "Crude Fiber not more than 6.00 per cent," 
with respect to all lots and the statement "Crude Protein not less than 17.00 
Per Cent" with respect to one lot, were false and misleading and were borne 
on the said tags so as to deceive and mislead the purchaser, since the article 
consisted of wheat brown shorts and screenings, it contained more than 6 per- 
cent fiber (samples from the three shipments contained 6.94, 6.87, and 7.39 
percent, respectively, of crude fiber), and one lot contained less than 17 percent 
of crude protein, namely, not more than 16.24 percent.
On December 9, 1938, the defendants entered pleas of guilty and the court 
imposed a joint fine of $26 and costs as to the defendants collectively.
HARRY L. BROWN, Acting Secretary of Agriculture.