15927. Adulteration and misbranding- of butter,    jj. S. v. S Tubs of Butterj
Consent   decree   of   condemnation   and   forfeiture.    Product   re- 
leased under bond.     (F. & D. No. 22917.    I. S. No. 24291-x.    S. No. 929.)
On July 2, 1928, 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 seizure and con- 
demnation of 8 tubs of butter, remaining in the original unbroken packages at 
New York, N. Y., alleging that the article had been shipped by the Austin Dairy 
Products, from Austin, Minn., on or about June 28, 1928, and had been trans- 
ported from the State of Minnesota into the State of New York, and charging 
adulteration and misbranding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a substance 
deficient in butterfat had been mixed and packed therewith so as to reduce or 
lower or injuriously affect its quality or. strength and had been substituted 
wholly 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 18, 1928, the Austin Dairy Products, Austin, 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 $300, conditioned in part that it be reprocessed and reworked so that it 
contain at least 80 per cent of butterfat. On September 5, 1928, an amended 
decree was entered ordering that the product be released to Fred D. Oetjen, 
New York, N. Y., for the purpose of exporting the same under the supervision 
of this department, that the product should not under any circumstances what- 
ever be exported until the United States Department of Agriculture, through 
its designated inspector, or other representative, shall have had free access 
thereto at the factory in the city of New York of Fred D. Oetjen in order to 
make whatever examination and tests it may desire and shall have released 
said butter for export.
AKTHUB M. HYDK, Secretary of Agriculture.