19687. Adulteration of butter. V. S. v. 7 Tubs of Butter. Consent decree 
of    condemnation    and    forfeiture.    Product    released    under    bond.
(F. & D. No. 27891.    I. S. No. 5381.    S. No. 5870.)
Samples of butter taken from the interstate shipment involved in this 
action having been found to contain less than 80 per cent by weight'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 February 16, 1932, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of seven tubs of butter at New York, N. Y., alleging that the 
article had been shipped in interstate commerce on or about February 2, 1932, 
by the Danube Creamery Co., from Danube, Minn., to New York, N. Y., 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 the act of March 4, 1923.
The Great Atlantic & Pacific Tea Co., New York, N. Y., interposed a claim 
for the property as agent for the Danube Creamery, Danube, Minn., admitted 
the allegations of the libel, consented to the entry of a decree and agreed 
that the product be reconditioned so that it contain at least 80 per cent of butter- 
fat. On March 5, 1932, 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 $200, con- 
ditioned in part that it be reworked, so that it comply with the Federal food 
and drugs act, and all other laws.
HENRY A.  WALLACE,  Secretary of Agriculture.