12609. Adulteration of butter. U. S. v. 81 Tubs of Butter. Portion ot 
product ordered released. Consent decree of condemnation and 
forfeiture with, respect to remainder; released under bond to be 
reworked.     (F. & D. No. 18437.    I S. No. 12805-v.    S. No. E-4759.)
On March 4, 1924, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel praying the 
seizure and condemnation of 81 tubs of butter, remaining in the original 
unbroken packages at New York, N. Y., alleging that the article had been 
shipped by the Farmers Coop. Co., from Coleman, Mich., July 3, 1923, and 
transported from the State of Michigan into the State of New York, and 
charging adulteration in violation of the food and drugs act.
Adulteration of the article was alleged to the libel for the reason that 
substances deficient in butterfat and containing excessive moisture had been 
mixed and packed therewith so as to reduce, lower, or injuriously affect its 
quality and strength and were substituted in part for the said article. Adul- 
teration was alleged for the further reason that a valuable constituent, to wit, 
butterfat, had been in part abstracted.
On July 25, 1924, the Miles Friedman Co., Chicago, Ill., having appeared 
as claimant for the property and having consented to the entry of a 
decree condemning a portion of the product, judgment of condemnation and 
forfeiture was entered with respect thereto, and it was ordered by the court 
that the said portion be released to the claimant upon payment of the costs 
of. the proceedings and the execution of a bond in the sum of $900, in con- 
formity with section 10 of the act, conditioned in part that it be reworked 
under the supervision offc this department, and it was further ordered by 
the court that the remainder of the product be released unconditionally.
HOWARD M. GORE, Secretary of Agriculture.