27760. Adulteration and misbranding of soft winter wheat middlings.     IT. S. v.
Aaron Weigel and Robert Weigel  (Middletown Flour Mill).     Pleas of 
guilty.    Fines, $30.     (F. & D. No. 38665.    Sample Nos. 830-C, 831-C.)
This product was represented to be soft winter wheat middlings. Examina- 
tion showed that it consisted in part of screenings and scourings, and contained 
smaller percentages of crude protein and crude fat than declared on the label.
On September 14, 1937, the United States attorney for the District of Dela- 
ware, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Aaron Weigel and Robert Weigel, trading as the 
Middletown Flour Mill, Middletown, Del., alleging shipment by said defendants 
in violation of the Food and Drugs Act on or about October 9 and October 12, 
1936, from the State of Delaware into the State of Maryland of quantities of 
soft winter wheat middlings that were adulterated and misbranded. The article 
was labeled in part: .(Tag) "Soft Winter Wheat Middling * * * Minimum 
Crude Protein 14% Minimum Crude Fat 4% * * * Middletown Flour Mill, 
Middletown, Del."
It was alleged to be adulterated in that screenings and scourings had been 
mixed and packed with it so as to lower and reduce its quality and strength, and 
had been substituted in part for soft winter wheat middlings, which it pur- 
ported to be.
It was alleged to be misbranded in that the statements, "Minimum Crude Pro- 
tein 14% Minimum Crude Fat 4%," borne on the tag, were false and misleading; 
and in that it was labeled so as to deceive and mislead purchasers, since it con- 
tained less than 14 percent of crude protein and less than 4 percent of crude fat, 
samples taken from each of the two shipments having been found to contain 
11.88 percent and 11.94 percent of crude protein, and 2.91 percent and 3.08 per- 
cent of crude fat.
It was alleged to be misbranded further in that a product composed in part of 
screenings and scourings prepared in imitation of soft winter wheat middlings 
had been offered for sale and sold under the distinctive name of another article, 
namely, "Soft Winter Wheat Middlings."
On September 23, 1937, the defendants entered pleas of guilty, and were each 
fined $15.
HAEET L. BROWN, Acting Secretary of Agriculture.