12865. Adulteration and misbranding' of Butter.    IT. S. v. 13 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product released 
tinder bonl to be reprocessed. (F. & D. No. 19385. I. S. No. 12873-v. 
S. No. E-5003.)
On November 3, 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 13 tubs of butter, remain!ng in the original un- 
broken packages at New York, N. Y., alleging that the article bad been shipped 
by the Farmers Coop. Creamery Assoc, Boyden, Iowa, on or about October 
26, 1924, and transported from the State of Iowa into the State of New York, 
and charging adulteration and misbranding in violation of the food and drugs 
act.
Adulteration of the article was alleged in the libel for the reason that a 
substance deficient in butterfat and containing excessive moisture had been 
mixed and packed therewith so as to reduce, lower, or injuriously affect its 
quality or strength and had been substituted in whole or in part for the said 
article. Adulteration was alleged for the further reason that a valuable 
constituent of the article, butterfat, had been in whole or in part abstracted.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On November 13, 1924. the Fanners Cooperative Creamery Co., Boyden, 
Iowa, claimant, having admitted the allegations of the libel and having con- 
sented to the entry of a decree, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be released to the 
said claimant upon payment of the costs of the proceed'ngs and the execution 
of a bond in the sum of $300, or the deposit of collateral in like amount, con- 
ditioned in part that it be reprocessed under the supervision of this department.
W. M. JABDINE, Secretary of Agriculture.