12610. Adulteration   of  butter.     V.   S.  v.   32   Tubs   of  Butter.     Product  re 
leased to claimant. (F. & D. No. 18436. 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 32 tubs of butter, remaining unsold in the original 
unbroken packages at New York, N. Y., alleging that the article had been 
shipped by the Backus Creamery from Backus, Minn., July 2, 1923, and trans- 
ported from the State of Minnesota into the State of New York, and charging 
adulteration in violation of the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that sub- 
stances 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 24, 1924, the product having been theretofore analyzed and found 
to comply with the law, a decree of the court was entered ordering that it 
be released to the claimant, upon payment of the marshal's fees, and that 
the costs of the proceedings be not assessed against the claimant.
HOWARD M. GORE, Secretary of Agriculture.