18770. Adulteration of butter.    V. S. -v. 50 Boxes of Butter.    Decree of con 
demnation and forfeiture.    Product released upon deposit of cash 
collateral.     (F. & D. No. 27136.    I. S. No. 30561.    S. No. 4981.)
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,
113435-32 2
the Secretary of Agriculture reported the matter to the United States attorney 
for the District of Massachusetts.
. On July 21, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 50 boxes of butter remaining in the original unbroken packages at 
Springfield, Mass., consigned July 11^ 1931, alleging that the article had been 
shipped by the Dairy and Poultry Cooperative (Inc.), from Denver, Colo., and 
had been transported from the State of Colorado into the State of Massa- 
chusetts, 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, which the said article purported to be, the act of Congress approved 
March 4, 1923, providing that butter contain not less than 80 per cent by 
weight of milk fat.
On August 31, 1931, the Farmers Equity Cooperative Creamery! Denver, 
Colo., claimant, having admitted the allegations of the libel, judgment of con- 
demnation 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 deposit of 
cash security in the sum of $500, conditioned in part that it should not be sold 
or otherwise disppsed of contrary to the FederaL food and drugs act and other 
existing laws; and it was further ordered by the court that the product be re- 
worked under the supervision of this department so that it contain at least 80 
per cent of butterfat.
ARTHUR M. HYDE, Secretary of Agriculture.