17595. Adulteration and Misbranding of butter.    V. S. v. 27 Tubs of Butter.
Consent decree of condemnation and forfeiture.    Product released 
under bond.     (F. & D. No. 24986.    I. S. No. 7183.    S. No. 3326.)
Samples of brafiter 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 23, 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 of 27 tubs of butter, remaining in the original un- 
broken packages at Chicago, Ill., alleging that the artiele had been shipped by 
the Cuba City Creamery Co., from Cuba City, Wis., July 15, 1930, and trans- 
ported from the State Of Wisconsin 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 artiele was adulterated in that a substance 
deficient in butterfat had been mixed and packed therewith so as to reduce 
and lower and injuriously affect its quality, and had been substituted in part 
for the said artiele. 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, shipped, 
and labeled as1 butter, which was false and misleading.
On July 25, 1930, the Peter Fox Sonst Co., Chicago, III., 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 to be 
reworked under the supervision of this department, upon payment of costs 
and the execution of a bond in the sum of $1,000, conditioned in part that it 
should not be sold or otherwise disposed of contrary to law.
ABTHTTR M. HYDE, Secretary of Agriculture.