30729. Adulteration   and misbranding of   wheat   gray   shorts   and   screenings.
V. S. v. Ponca City Milling Co., Inc.     Plea of guilty.    Fine, $75 and 
costs.     (F. & D. No. 42692.    Sample Nos. 3910-D, 3913-D.)
Wheat brown shorts and screenings had been substituted in whole or in 
part for this product. It contained more crude fiber< than declared on the 
tag.
On May 19, 1939, the United States attorney for the Western District of 
Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Ponca City Milling Co., Inc., Ponca City, 
Okla., alleging shipment by said corporation in violation of the Food and Drugs 
Act, on or about September 26 and November 14, 1938, from the State,, of 
Oklahoma into the State of Texas, of quantities of wheat gray shorts and 
screenings which were adulterated and misbranded.
The article was alleged to be adulterated in that wheat brown shorts and 
screenings had been substituted in whole or in part for wheat gray shorts and 
screenings.
It was alleged to be misbranded in that the statements on the tag, "Wheat 
Gray Shorts and Screenings" and "Crude Fiber not more than 6.00 Per Cent," 
were false and misleading and were borne on the tag so as to deceive a,and 
mislead the purchaser since the article consisted of wheat brown shorts and 
screenings and contained more than 6 percent crude fiber, namely, 6.95 percent 
crude fiber in one shipment and 7.49 per cent in the other.
On June 29, 1939, a plea of guilty was entered on behalf of the defendant 
and the court imposed a total fine of $75 and costs.
HARRT L. BROWN, Acting Secretary of Agriculture.