18760. Adulteration of butter.    V. S. v. 21 Tubs of Butter    Consent decree
of condemnation and forfeiture.    Product released under bond.
(F. & D. No. 27126.    I. S. No. 29235.    S. No. 4873.)
Samples of butter from the shipment herein described having been found to 
contain less than 80 per cent of milk fat, the standard provided by Congress, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Southern District of New York..
On June 20, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 21 tubs of butter, remaining in the original unbroken packages at 
New York, N. Y., alleging that the article had been shipped by the Lake County 
Farmers Cooperative Creamery Association, Two Harbors, Minn., on June 9, 
1931, and had been transported from the State of Minnesota into the State of 
New York, and charging adulteration 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 law.
The Lake County Farmers Cooperative Creamery Association, Two Harbors, 
Minn., interposed a claim for the product and filed a stipulation admitting the 
allegations of the libel, and consenting to the entry of a decree. On July 10, 
1931, the claimant having agreed that the product be reconditioned so that it 
contain at least 80 per cent of butterfat, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be 
released to the said owner upon payment of costs and the execution of a bond 
in the sum of $500, conditioned in part that it be reworked and reprocessed so 
that it comply with the law, and that it should not be disposed of until 
examined and approved by this department.
ABTHUB M. HYDE, Secretary of Agriculture.