14703. Adulteration of butter.    U. S. v. 11 Tubs of Butter.    Consent decree
of  condemnation  and  forfeiture.     Product  released  under  bond.
(F. & D. No. 21289.    I. S. No. 12303-x.    S. No. C-5214.)
On August 19, 1926, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 11 tubs of butter, remaining unsold in the original packages 
at Chicago, Ill., alleging that the article had been shipped by the Alpha Creamery 
Co., from St. Paul, Minn., August 14, 1926, and transported from the State of 
Minnesota into the State of Illinois, and charging adulteration in violation of 
the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, excessive water, had been mixed and packed therewith so as to 
reduce and lower and injuriously affect its quality and strength, for the further 
reason that a substance deficient in milk fat and high in moisture had been 
substituted wholly or in part for the said article, and for the further reason 
that a valuable constituent of the article, to wit, butterfat, had been in part 
abstracted therefrom.
On September 16, 1926, the Alpha Creamery Co., St. Paul, Minn., 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 claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $1,000, conditioned in part that it be reprocessed so as to contain not less 
than 80 per cent of butterfat and not more than 16 per cent of water.
W. M. JABDINE, Secretary of Agriculture.