19402. Adulteration and  Misbranding of butter.    U.  S.  v. Klamatb Falls-
Creamery. Plea of gruilty. Fine, $10. (F & D. No. 26643. I. S. 
No. 11498.)
Samples of butter from the shipment herein described were found to contain 
less than 80 per cent by weight of milk fat, the standard prescribed by Con- 
gress. Sample cartons were found to contain less than 1 pound, the declared, 
weight.
On October 27, 1931, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the District of Oregon an information against the 
Klamath Falls Creamery, a corporation, at Klamath Falls, Oreg., alleging ship- 
ment by said company in violation of the food and drugs act as amended, on 
or about March 2, 1931, frcm the State of Oregon into the State of California, 
of a quantity of butter that was adulterated and misbranded. The article was 
labeled in part: " Weight One Pound Crater Lake Butter * * * Manufac- 
tured by Klamath Falls Creamery Klamath Falls Oregon."
It was alleged in the information that the article was adulterated in that a 
product which contained less than 80 per cent by weight or milk fat had been 
substituted for a product which should contain not less than 80 per cent by 
weight of milk fat as prescribed by the act cf March 4, 1923, which the article 
purported to be.
Misbranding was alleged for the reason that the statements, " Butter " and 
" Weight One Pound," borne on the packages containing the article, were false 
and misleading in that they represented that the article was butter, a product 
which should contain not less than 80 per cent by weight of milk fat as pre- 
scribed by law, and that each of the packages contained 1 pound by weight 
thereof; and for the further reason that it was labeled as aforesaid so as to 
deceive and mislead the purchaser into the belief that it was butter, a product 
which should contain not less than 80 per cent by weight of milk fat as pre- 
scribed by law, and that each of the packages contained 1 pound by weight 
thereof; whereas it contained less than 80 per cent by weight of milk fat and 
the packages contained less than 1 pound by weight of the article. Misbrand- 
ing was alleged for the further reason that the article was food in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package.
On October 30,1931, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $10.
AB.TB.VB, M. HYDE, Secretary of Agriculture.