17110. Adulteration and Misbranding of butter.     TJ. S. v. 10 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased  nnder   bond.     (F.   &  D.   No.   24566.    I.   S.  No.   029106.    S.   No.
2788.)
On January 24, 1930, 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 condemnation of 10 tubs of butter, remaining in the original unbroken pack- 
ages at New York, N. Y., alleging that the article had been shipped by the , 
Farmers Co-Op. Creamery Co., Fairmont, Minn., on or about January 22, 1930, - 
and transported 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 sub- 
stance 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 
under the distinctive name of another article.
On February 13, 1930, the Farmer's Co-operative Creamery Association, 
Fairmont, 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 $300, 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.