17521. Adulteration and Misbranding of feed. U. S. v. .Milam-Morgan Co. 
(litd.). Plea of grailty. Fine, $250 and costs. (F. & D. No. 23746. 
I. S. Nos. 02235, 02236, 02237, 02238, 02239, 02300.)
Samples of feed from the herein-described interstate shipments having been 
found to be adulterated by the addition of undeclared ingredients, namely, 
cottonseed hulls, rice hulls, peanut hulls, ground grain sorghum, brewers'" 
dried grains or ground kafir corn, as the case might be, certain portions thereof 
having been found to contain less protein or fat or more fiber than labeled, 
and a portion having been found to contain no corn gluten feed which was 
declared on the label, the Secretary of Agriculture reported the facts to the 
United States attorney for the Eastern District of Louisiana.
On August 12, 1929, the United States attorney filed in the District Court of 
the United States for said district an information against the Milam-Morgan Co. 
(Ltd.), a corporation, New Orleans, La., alleging shipment by said company in 
violation of the food and drugs act, in various consignments on or about June 
30, July 21, August 11, August 18, and October 27, 1928, respectively, from 
the State of Louisiana into the State of Florida, of quantities of feed which 
was adulterated and misbranded. The article was labeled in part variously i 
(Tags) "Bed Mule Horse and Mule Feed Manufactured for E. E. Freeman Co.r 
Inc., .Tampa, Florida;" " Diamond ' M' Dairy Feed Manufactured for E. E. 
Freeman Co., Inc., Tampa, Florida;" "Besmaid Dairy Feed Manufactured by 
Milam-Morgan Co., Ltd., New Orleans, La.;" "Grade A, 24% Protein Dairy 
Feed Manufactured for P. C. Martino & Co., Tampa, Florida;" "Mo Mylk. 
Dairy Feed Manufactured for P. C. Martino & Co., Tampa, Florida;" "Grade 
No. 1 24% Protein Dairy Feed Manufactured for P. C. Martino & Company, 
Tampa, Florida." The tags bore statements relative to the ingredients as- 
hereinafter set forth.
It was alleged in the information that the article was adulterated for the- 
reason that undeclared ingredients, namely, cottonseed hulls, rice hulls, peanut 
hulls, ground grain sorghum, brewers' dried grains or ground kafir corn as the- 
case might be, had been mixed and packed with the article, so as to reduce and 
lower and injuriously affect its quality and strength, and for the further rea- 
sons, namely: Bed Mule horse and mule feed, a feed containing cottonseeds 
hulls and less than 10 per cent of protein, had been substituted for the article; 
Diamond " M" dairy feed, a feed containing rice hulls and peanut hulls, 
and containing more than 12 per cent of fiber, had been substituted for the- 
article; Besmaid dairy feed, a feed containing ground grain sorghum and 
ground peanut hulls and more than 12 per cent of fiber, had been substituted 
for the article; Grade A 24% protein dairy feed, a feed containing brewers'" 
dried grains, rice hulls, and peanut hulls and no corn gluten feed and less than 
24 per cent of protein and less than 5 per cent of fat, had been substituted for 
the article; Mo Mylk dairy feed, a feed containing peanut hulls, ground kafir 
corn, and less than 4 per cent of fat and more than 12 per cent of fiber, had 
been substituted for the article; Grade No. 1 24% protein dairy feed, a feed 
containing brewers' dried grains and less than 5 per cent of fat and less than 
24 per cent of protein, had been substituted for the article.
Misbranding was alleged for the reason that certain statements borne on 
the labels were false and misleading, and for the further reason that the article- 
was labeled so as to deceive and mislead the purchaser as follows: 
The Bed Mule horse and mule feed was labeled, " Ingredients: Cracked Corn,. 
Crushed Oats, Alfalfa Meal, Sugar Cane, Molasses, y2 of 1% Salt, Guaranteed 
Analysis * * * Protein 10.00%," whereas it was composed in part of cot- 
tonseed hulls and contained less than 10 per cent of protein. The Diamond 
"M" dairy feed was labeled, "Ingredients: Cottonseed Meal, Corn Meal, 
Brewers Grains, Wheat Shorts, Alfalfa Meal, Cane Molasses and Salt, Wheat 
Bran, Guaranteed Analysis * * * Fibre 12.00%," whereas it was com- 
posed in part of rice hulls and peanut hulls, and contained more than 12 
per cent of fiber. The Besmaid dairy feed was labeled, " Ingredients: Cotton- 
seed Meal, Corn Meal, Brewers' Grains, Wheat Shorts, Wheat Bran, Alfalfa 
Meal, Cane Molasses and Salt, Guaranteed Analysis * * * Fiber 12.00%,*' 
whereas it was composed in part of ground grain sorghum and ground peanut 
hulls and contained more than 12 per cent of fiber. The Grade A 24% pro- 
tein dairy feed was labeled, " 24% Protein Dairy Feed * * * Ingredients: 
Corn Gluten Feed, Linseed Oil Meal * * * Dried Beet Pulp, Corn Feed 
Meal, Wheat Bran, Grey Shorts, Cottonseed Meal, Molasses and 1% Salt, 
Guaranteed Analysis, Fat 5.00%, Protein 24.00%," whereas it was composed 
in part of brewers' dried grains, rice hulls, and peanut hulls, contained no
corn gluten feed, less than 24 per cent of protein, and less than 5 per cent of 
fat. The Mo Mylk dairy feed was labeled, "Guaranteed Analysis: Fat 
4.00% * * * Fibre 12.00%, Ingredients: Cottonseed ,Meal, Corn Meal, 
Brewers Grains, Wheat Shorts, Alfalfa Meal, and Salt, Cane Molasses, Wheat 
Bran," whereas it was composed in part of ground kafir corn and peanut hulls, 
and contained less than 4 per cent of fat and more than 12 per cent of fiber. 
The Grade No. 1 24% Protein dairy feed was labeled, "24% Protein Dairy 
Feed * * * Ingredients: Corn Gluten Feed, Linseed Oil Meal * * * 
Dried Beet Pulp, Corn Feed Meal, Wheat Bran, Grey Shorts, Cottonseed Meal, 
Molasses and 1% Salt, Guaranteed Analysis: Fat 5.00%, Protein 24.00%," 
whereas it was composed in part of brewers' dried grains and contained less 
than 24 per cent of protein and less than 5 per cent of fat.
On May 9, 1930, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $250 and costs.
ARTHUR M. HYDE, Secretary of Agriculture.