19336. Adulteration of butter.    U. S. v. 1 Tub of Butter.    Default decree of
condemnation and forfeiture. Product griven to a charitable 
institution.    (F. & D. No. 27845.    I. S. No. 42704.    S. No. 5585.)
Samples of butter from the shipment herein described having been found to 
contain less than 80 per cent of milk fat, the standard prescribed by Congress, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Southern District of New York.
On December 10, 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 one tub of butter, remaining in the original unbroken package at 
New York, N. Y., alleging that the article had been shipped en November 28, 
1931, by Holmes City Creamery, Holmes City, Minn., from Miltona, Minn., 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 as amended.
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 act of March 4, 1923.
On January 9, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be delivered to a charitable institution.
ARTHUR M. HYDE, Secretary of Agriculture.