30950. Adulteration and misbranding of pulverized oats, feeding: oatmeal, ground 
oats, flour middlings, and red dog feed. V. S. v. G. Fred Obrecht (P. 
rede Obrecht the Son).    Plea of guilty.    Fine, $55 and costs.     (F. &~D.
No. 42563.    Sample Nos. 902-C, 903-C, 4921-D to 4929-D, inclusive.)
This case involved interstate shipment of the following feeds: Products rep- 
resented to be feeding oatmeal, pulverized oats, and ground oats which con- 
tained in addition to such substances other ingredients such as rice hulls, rice 
fragments, rice bran, barley, barley hulls, cassava meal, and starch other than 
oat starch; flour middlings which consisted of wheat products and cassava 
meal; and red dog feed which consisted of wheat flour and tissues, rye flour 
and tissues, and cassava meal.
On October 19, 1938, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against G. Fred Obrecht, trading as P. Creek Obrecht & Son at 
Baltimore, Md., alleging shipment by him in violation of the Food and Drugs 
Act within the period from about August 7 to about December 27, 1937, from 
Baltimore, Md., into the State of Massachusetts of quantities of pulverized oats, 
fine ground feeding oatmeal, ground oats, Draco Flour Middlings, and Farmso 
Red Dog Feed which were adulterated and misbranded. They were labeled in 
part, variously: "Hood Mills Company * * * Baltimore, Md."; "Farmers 
Service Bureau Baltimore, Md."; and "Dried Grains Corporation Baltimore, Md."
The pulverized oats were alleged to be adulterated in that a mixture of 
finely ground oats, a ground wheat product, and starchy material resembling 
cassava starch had been substituted for the article in one shipment; a 
mixture of ground oats and finely ground rice bran had been substituted for 
the article in two shipments; a mixture of ground oats, rice bran, broken 
rice, and cassava meal had been substituted for the article in one shipment; 
and a mixture of pulverized oats, ground rice bran and cassava meal had 
been substituted for the article In another shipment.
The fine ground feeding oatmeal was alleged to be adulterated in that a 
mixture of ground oats, finely ground rice bran, rice hulls, broken rice frag-
ments, and a cereal starch had been substituted for the article in one shipment; 
a mixture of oat products, broken rice, rice hulls, rice bran, and cassava meal 
had been substituted for the article in another shipment; and a mixture of 
oat products, rice bran, rice hulls, broken rice, and swollen starch grains other 
than oats had been substituted for the article in the third shipment.
The ground oats were alleged to be adulterated in that a mixture of ground 
oats, ground rice bran, fragments of barley and barley hulls and a starchy 
material closely resembling cassava starch had been substituted for the article.
The Draco Flour Middlings were alleged to be adulterated In that a mixture 
of wheat products and cassava meal had been substituted for the article.
The Farmso Red Dog Feed was alleged to be adulterated in that a mixture 
of wheat flour and tissues, rye flour and tissues, and cassava meal had been 
substituted for the article, 1. e., a wheat byproduct.
All the articles were alleged to be misbranded in that the statements, "Pul- 
verized Oats," "Fine Ground Feeding Oatmeal," "Ground Oats," "Flour Mid- 
dlings," and "Red Dog" on the labels of the respective articles were false and 
misleading and were borne on said labels so as to deceive and mislead the 
purchaser. They were alleged to be misbranded further in that they were 
prepared in imitation of pulverized oats, fine ground feeding oatmeal, ground 
oats, flour middlings, and red dog, and were offered for sale and sold under 
the distinctive names of such articles. Certain of the shipments were alleged 
to be misbranded further in that the declaration of protein, fiber, and fat on 
the labels was false and misleading since there was found a deficiency of 
protein in some lots, an excess of fiber in some lots, and a deficiency of fat in 
one lot.
On October 10, 1939, a plea of guilty having been entered, the court imposed 
a fine of $55 and costs.
GBOVEB B. HILL, Acting Secretary of Agriculture.