16736. Adulteration and Misbranding of butter.    V. S. v. 13 Tubs of Butter.
Consent    decree    of   condemnation    and    forfeiture.     Product    re- 
leased under bond.     (F. & D. No. 24158.    I. S. No. 021252.    S. No. 2298.)
On September 13, 1929, 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 praying1 seizure and 
condemnation of 13 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by the Bxeland 
-Creamery Co., Bxeland, Wis., on or about August 29, 1929, 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.
It was alleged in the libel that the article was adulterated in that a substance 
deficient in butterfat had been mixed and packed with it 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 
tinder the distinctive name of another article.
On September 21, 1929, the Minnesota Cooperative Dairies Association, Owa- 
tonna, 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 costs and the execution of a bond in the sum of $400, 
or the deposit of cash collateral in like amount, conditioned in part that it be 
reworked and reprocessed so that it contain at least 80 per cent of butterfat.
ARTHUR M. HYDE, Secretary of Agriculture.