33845. Adulteration and misbranding of butter. TJ. S. v. 15 Tubs of But- 
ter. Consent decree of condemnation and forfeiture. Product 
released under bond  or upon  deposit  of collateral.     (F.  & D.  No.
20499.    I. S. No. 7142-x.    S. No. E-5496.)
On September 30, 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 15 tubs of butter, remaining in the original 
unbroken packages at New York, N. Y., alleging that the article had been 
shipped by the Milton Creamery Co., Milton Junction, Wis., on or about 
September 19, 1925, and transported from the State of Wisconsin 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 October 13, 1925, the Milton Creamery Co., Milton Junction, Wis., 
claimant, having admitted the allegations of the libel and having consented 
to the entry of a decree and to the reconditioning of the product so that it 
should contain at least 80 per cent of butterfat, 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- 
ings and the execution of a bond in the sum of $450, or the deposit of 
collateral in like amount, to insure compliance with the decree, said. decree 
providing further that the product be reworked and reprocessed under the 
supervision of this department.
R. W. DUNLAP, Acting Secretary of Agriculture.