14698. Adulteration  of  butter.     U.   S. v.   129  Tubs  and  13  Tubs   of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 21228. I. S. Nos. 2094-x, 2095-x. 
S. No. C-5198.)
On or about July 30 and 31, 1926, respectively, the United States attorney 
for the Western District of Kentucky, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United. States for said dis- 
trict libels praying seizure and condemnation of 142 tubs of butter, remaining 
in the original unbroken packages at Louisville, Ky., alleging that the article 
had been shipped by the Tip Top Creamery Co., Vincennes, Ind., in part on or 
about July 7, 1926, and in part on or about July 16, 1926, and transported 
from the State of Indiana into the State of Kentucky and charging adultera- 
tion in violation of the food and drugs act.
Adulteration of the article was alleged in the libels for the reason that 
a product which contained less than 80 per cent by weight of milk fat had 
been substituted for butter, a product which should contain not less than 80 
per cent by weight of milk fat as prescribed by the act of March 4, 1923, 
which the said article purported to be.
On August 11, 1926, the two cases having been consolidated into one cause 
of action and the Armour Creameries, Louisville, Ky., having appeared as 
claimant for the property, judgment of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be released to the said 
claimant upon payment of the costs of the proceedings and the execution of a 
bond in the sum of $4,000, said bond providing that the product be re- 
conditioned under the supervision of this department to comply with the 
requirements of the law.
W. M. JABDINE, Secretary of Agriculture.