22880. Adulteration and misbranding of brown wheat shorts. V. S. v. 
Model Mill Co.   Plea of guilty.     Fine, 8100 and costs.    (F. & D. no.
31446.    Sample nos.  14082-A, 14083-A,  14092-A,  18279-A,  18280-A.)
This case was based on interstate shipments of several lots of brown wheat 
shorts that contained less protein than declared on the label. Certain of the 
lots were deficient in fat, certain lots contained excessive fiber, and one lot 
contained added rice, rice bran, and starch.
On May 25, 1934, the United States attorney for the Western District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Model Mill Co., a corporation, 
Jackson, Tenn., alleging shipment by said company, in violation of the Food 
and Drugs Act, on or about September 20, September 26, November 26, and 
November 30, 1932, and January 27, 193S, from the State of Tennessee into 
the State of Mississippi, of quantities of brown wheat shorts which were 
misbranded, and one shipment of which was also adulterated. The article 
was labeled in part: " Model Brown Wheat Shorts With Ground Wheat 
Screenings, Manufactured by The Model Mill Company Jackson, Tennessee. 
Guaranteed Analysis Crude Protein, not less than 16.00%, Crude Fat, not 
less than 4.00% [or " 3.75%"] * * * Ingredients Wheat Shorts, Ground 
Wheat  Screenings."
One shipment of the article was alleged to be adulterated in that added 
undeclared substances, rice, rice bran, and starch, had been mixed and packed 
with the article so as to reduce and lower and injuriously affect its quality 
and strength, and had been substituted in part for the said article.
Misbranding of all shipments was alleged for the reason that the state- 
ments, " Guaranteed Analysis Crude Protein, not less than 16.00%" with 
respect to all lots, the statements, " Crude Fibre, not more than 7.00% " with 
respect to certain lots, " Crude Fat, not less than 4.00% [or " 3.75"] " with 
respect  to  certain  lots,   and  "Ingredients: Wheat   Shorts,   Ground  Wheat
Screenings", with respect to one lot, were false and misleading, and for the 
further reason that the article was labeled so as to deceive and mislead the 
purchaser, since all lots contained less than 16 percent of protein, certain 
lots contained more than 7 percent of crude fiber, certain lots contained less 
than the declared amount of fat, namely, 4 percent or 3.75 percent, and one 
lot did not consist solely of wheat shorts and ground wheat screenings, but 
did consist in part of added undeclared rice and rice by-product, L e., rice 
bran and starch.
On September 27, 1934, a plea of guilty was entered on behalf of the 
defendant company, and the court imposed a fine of $100 and costs.
M. L. WILSON, Acting Secretary of Agriculture.