F. & D. No. 1688.
I. S. No. 10616-b.	
Issued March 8, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 752, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF OATS.
On or about January 22, 1910, the Pendleton Grain Company, a?
corporation, St. Louis, Mo., shipped from the State of Missouri into?
the State of Louisiana a consignment of oats invoiced and sold as?
" No. 3 white oats." An examination, made by the Bureau of Chem??
istry, United States Department of Agriculture, of a sample of this?
product taken from the aforesaid shipment disclosed, in 25 grammes?
of the product, the following ingredients, to wit: Oats 18.4 gm=73.6?
per cent, barley 2.1 gin=8.4 per cent, miscellaneous weed seeds and?
chaff 4.5 gm=18 per cent. As the above examination and report?
made showed that the product was adulterated and misbranded within?
the meaning of the Food and Drugs Act of June 30, 1906, the Secre??
tary of Agriculture afforded the said Pendleton Grain Company,?
Incorporated, and the party from whom the samples were procured?
opportunities for hearings. As it appeared after hearings held that?
the shipment was made in violation of the act, the Secretary of?
Agriculture reported the facts to the Attorney-General with a state??
ment of the evidence upon which to base a prosecution.
In due course a criminal information was filed in the District?
Court of the United States for the Eastern District of Missouri?
against the said Pendleton Grain Company, Incorporated, charging?
the above shipment and alleging that the product so shipped was?
adulterated in that it consisted of a mixture of 73.6 per cent oats,?
8.4 per cent barley, and 18 per cent of miscellaneous weed seeds and?
chaff, and that it was not No. 3 white oats; that said product had?
been mixed and packed with barley seed and miscellaneous weed?
seeds and chaff so as to reduce and lower and injuriously affect its?
quality; in that barley seed and miscellaneous weed seeds and chaff?
had been substituted in part for the article for which said product?
was sold, viz, No. 3 white oats; and that the product was misbranded?
in that it was not " No. 3 white oats," as represented, but consisted of?
a mixture of oats, barley, weed seeds, and chaff, and that it was an
79240??No. 752?11
imitation of and offered for sale under the distinctive name of another?
article, to wit, " No. 3 white oats."
On November 21, 1910, the defendant entered a plea of guilty to?
the above information and the court imposed a fine of $20 and costs.?
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30. 1906.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, February S, 1911.
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