31040. Adulteration and misbranding of wheat gray shorts and screenings. 
TJ. S. v. Commander-Iiarabee Milling: Co. (The Larabee Flour Mills Co.). 
Plea of guilty.    Fine, $50.     (fl. & D. No. 42758.    Sample No. 5969-D.)
Brown shorts with screenings had been substituted for gray shorts with screen- 
ings in the product involved in this shipment.
On November 28, 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 Commander-Larabee Milling Co., a 
corporation trading as the Larabee Flour Mills Co., at Kansas City, Mo., alleg- 
ing shipment by said company on or about March 7, 1939, from the State of 
Missouri into the State of Kansas, of a quantity of wheat gray shorts with 
screenings, which were adulterated and misbranded in violation of the Food 
and Drugs Act.
Adulteration was alleged in that wheat brown shorts with screenings had 
been substituted for wheat gray shorts with screenings.
Misbranding was alleged in that the statements, "Wheat Gray Shorts with 
Ground Wheat Screenings" and "Crude Fibre, not more than 6.00%," borne on 
the tag attached to the sacks containing the article, were false and misleading 
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 with ground wheat screen- 
ings but did consist of wheat brown shorts with ground wheat screenings, and 
it contained not less than 7.29 percent of crude fiber.
On January 25, 1940, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $50.
GBOVEB B. Hnx, Acting Secretary of Agriculture.