17582. Adulteration and Misbranding of Butter.    U. S. v. 150 Boxes and 25-
Tubs of Batter. Decree of condemnation and forfeiture. Product 
released under casb bond. (F. & D. No. 24956. I. S. Nos. 5554, 5555, 
5556, 5558.    S. No. 3284.)
Samples of butter from the herein described interstate shipment having 
been found to contain less than the legal requirement of milk fat, namely,. 
less than 80 per cent of milk fat, the Secretary of Agriculture reported the 
matter to the United States attorney for the District of Massachusetts.
On July 14, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 150 boxes and 25 tubs of butter, remaining in the original 
unbroken packages at Boston, Mass., consigned on or about July 2, 1930,. 
alleging that the article had been shipped by the David Cole Creamery Co.,. 
Omaha, Nebr., and had been transported from the State of Nebraska into the/ 
State of Massachusetts, and charging adulteration and misbranding in viola-^ 
tion of the food and drugs act. The portion of the article contained in boxes- 
was labeled in part: " Butter."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent by weight of milk fat had been substituted 
for butter, which the said article purported to be, the act of Congress of 
March 4, 1923, providing that butter should contain not less than 80 per cent 
of milk fat.
Misbranding was alleged for the reason that the statement " Butter," borne 
on the label, was false and misleading, since the article contained less than 
80 per cent of milk fat.
On July 24, 1930, the David Cole Creamery Co., Omaha, Nebr., having ap- 
peared as claimant for the property, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be 
released to the said claimant, upon payment of costs and the deposit of $200- 
in lieu of bond, conditioned in part that it be reworked so that it contain at 
least 80 per cent of butterfat.
ARTHUR M. HYDE, Secretary of Agriculture.