13720. Alleged misbranding of chick feed and horse feed.    V. S. v. Sunny
South Grain Co. Tried to the court and a jury. Verdict of not 
guilty.     (F. & D. No. 19240.    I. S. Nos. 752-v, 981-v.)
On January 16, 1925, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the Sunny South Grain Co., a corporation, Birmingham, Ala., alleging ship- 
ment by said company, in violation of the food and drugs act as amended, in 
various consignments, namely, on or about May 21, 1923, and January 23, 
1924, respectively, from the State of Alabama into the State of South Caro- 
lina, of a quantity of chick feed and of a quantity of horse feed which were 
alleged to be misbranded. The articles were labeled, respectively: (Tag) 
" Ideal Baby Chick Feed 100 Lbs. Net When Packed * * * Manufactured 
By Sunny South Grain Co., Birmingham, Ala.," and "100 Lbs. Net When 
Packed I X L Horse Feed Made By Sunny South Grain Co., Birmingham, 
Ala."
Examination by the Bureau of Chemistry of this department of 20 sacks 
of the chick feed and 25 sacks of the horse feed showed an average net weight 
of 98.48 pounds and 97.75 pounds, respectively.
Misbranding of the articles was alleged in the information for the reason 
that they were food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the packages, since 
the quantity stated represented more than the actual contents of the said 
packages.
On August 24, 1925, the case came on for trial before the court and a jury. 
After the submission of evidence and arguments by counsel, the jury returned 
a verdict of not guilty.
R. W. DUNLAP, Acting Secretary of Agriculture.