19779. Adulteration of butter.    U. S. v. 12 Tubs of Butter.    Consent decree
of condemnation  and forfeiture.    Product  released under bond.
(10397-A.    F. & D. No. 28354.)
This action involved the interstate shipment of a quantity of butter, samples 
of which were found to contain less than 80 per cent by weight of milk fat, the 
standard provided by Congress.
On May 12, 1932, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the- 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 12 tubs of butter at New York, N. Y., alleging 
that the article had been shipped on or about May 5, 1932, by the Eustis Co- 
operative Creamery Co., Eustis, Nebr., through the Nebraska Cooperative 
Creamery, Omaha, Nebr., and had been transported from the State of Nebraska 
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 the act of March 4, 1923.
The Eustis Cooperative Creamery Co., Eustis, Nebr., interposed a claim for 
the product and 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 at. On May 17,1932, 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 $300, conditioned in part that it be reworked so that it 
comply with the Federal food and drugs act and all other laws, and that it 
should not be disposed of until examined and approved by this department.
HENET A. WALLACE, Secretary of Agriculture.