13708. Adulteration  and  misbranding  of  butter.     V.  S.  v.   14 Tubs   Churn
#5 (Batter)* Consent decree of condemnation and forfeiture. 
Product released under bond.    (F. & D. No. 20305.    I. S. No. 6894-x.
S. No. E-5439.)
On July 20, 1925, 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 14 tubs of butter, remaining in the original unbroken 
packages at New York, N. Y., alleging that the article had been shipped by the 
Alta Vista Farmers Creamery Co., Alta Vista, Iowa, on or about July 10, 
1925, 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.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On July 30, 1925, the Fredericksburg Butter Factory, Fredericksburg, Ib.va, 
claimant, having admitted the allegations of the libel and having consented 
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 claim- 
ant upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $450, in conformity with section 10 of the act, conditioned in 
part that it be reworked so as to contain at least SO per cent of butterfat.
B. W. DUNLAP, Acting Secretary of Agriculture.