17586. Adulteration and Misbranding of butter.  V. S. v. 28 *Tubs of Butter.
Consent decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 24958-.    I. S. No. 036666.    S. No. 3249.)
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 Northern District of Illinois.
On or about July 3, 1930, the said United States attorney filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying 
seizure and condemnation bf 28 tubs of butter, remaining in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
by the Farmers Union Creamery Co., from Norfolk, Nebr., June 24, 1930, and 
transported from the State df Nebraska into the State of Illinois, 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 therewith so as to 
reduce and lower and injuriously affect its quality, and had been siibstituted in 
part for the said article. Adulteration was alleged for the further reason that 
the article was deficient in butterfat in that it contained less than 80 per cent 
of butterfat.
Misbranding Was alleged for the reason that the article had been sold, 
Bhipped, and labeled as butter, Which was false and misleading.
On July 15, 1930, "Gallagher Bros., Chicago, Ill., 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 he released to the said claimant, to be reprocessed 
under the supervision of this department, upon payment of costs and the execu- 
tion of a bond in the sum of $1,000, conditioned in part that it should not be 
Bold Or otherwise disposed bf Contrary to law.
ARTHUR M. Hrbfc, SedretaJry of Agriculture.