17714. Adulteration and Misbranding of butter.     IT. S. v. 1 Tub of Butter.
Decree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 25276.    I. S. No. 5209.    S. No. 3515.)
Samples of butter from the herein described interstate shipment having been 
found below the standard provided by Congress, namely, containing less than 
80 per cent of 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 1 tub of butter, remaining in the original unbroken package at 
Philadelphia, Pa., consigned by the Prairie Farm Cooperative Creamery, 
Almena, Wis., alleging 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 not contain less than 80 per cent of milk fat.
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 Prairie Farm Cooperative 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 $50, 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.
ARTHUR M. HYDE, Secretary of Agriculture.