17710. Adulteration and Misbranding of butter.    U. S. v. 5 Tubs of Butter.
Decree  of condemnation and forfeiture.     Product released under 
bond.     (F. & D. No. 25283.    I. S. No. 13414.    S. No. 3514.)
Samples of butter from the herein described interstate shipment having 
been found deficient in milk fat, the Secretary of Agriculture reported the 
matter to the United States attorney for the Eastern District of Pennsylvania.
On October 17, 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 5 tubs of butter, remaining in the original unbroken packages 
at Philadelphia, Pa., consigned by the Almena Creamery, Almena, Wis., alleg- 
ing that the article had been shipped from Almena, Wis., on or about October 
14, 1930, and had been transported from the State of Wisconsin into the 
State of Pennsylvania, 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 product 
containing less than 80 per cent by weight of milk fat had been substituted 
for butter, a product which should contain not less than 80 per cent of milk 
fat as provided by the act of Congress of March 4, 1923.
Misbranding was alleged for the reason that the article was offered for 
sale under the distinctive name of another article.
On October 29,1930, the Almena Creamery, Almena, Wis., having appeared as 
claimant for the property, 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 $200, conditioned in part that it should not be sold or otherwise disposed 
of contrary to law, and that it be reconditioned under the supervision of this 
department.
ABTHTJR M. HYDE, Secretary of Agriculture.