30523. Adulteration   and misbranding of  wheat   gray   shorts   and   screenings.
tJ.   S.   v.   Rodney   milling   Co.     Plea  of  guilty.     Fine,   850   and   costs.
(F. & D. No. 42703.    Sample No. 3911-D.)
Wheat brown shorts had been substituted in whole or in part for wheat 
gray shorts in this product. It also contained a larger percentage of crude 
fiber and a smaller percentage of nitrogen-free extract than declared on the 
label.
On April 14, 1939, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Rodney Milling Co., a corporation 
trading at Kansas City, Mo., alleging shipment by said company in violation 
of the Food and Drugs Act on or about October 7, 1938, from the State of 
Missouri into the State of Texas, of a quantity of wheat gray shorts and 
screenings that were adulterated and misbranded. The article was labeled in 
part: (Tag) "Jersey Wheat Gray Shorts and Screenings."
Adulteration was alleged in that wheat brown shorts and screenings had 
been substituted in whole or in part for wheat gray shorts and screenings, 
which the article purported to be.
Misbranding was alleged in that the statements, "Wheat Gray Shorts and 
Screenings" and "Crude Fiber not more than 6.00 Per Cent Nitrogen-Free 
Extract not less than 55.00 Per Cent," borne on the tag, were false and mis- 
leading and were borne on the said tag so as to deceive and mislead the 
purchaser since the article did not consist of wheat gray shorts and screenings, 
but did consist in whole or in part of wheat brown shorts and screenings; 
it contained more than 6 percent, namely, not less than 6.96 percent of crude 
fiber, and contained less than 55 percent, namely, not more than 53.82 percent 
of nitrogen-free extract.
On May 5, 1939, a plea of guilty having been entered on behalf of the de- 
fendant, the court imposed a fine of $50 and costs.
M. L. WILSON, Acting Secretary of Agriculture.