19780. Adulteration of butter.    TJ. S. v. 23 Tubs of Butter.    Consent decree
of condemnation and  forfeiture.    Product  released under bond.
(10391-A.    F. & D. No. 28338.)
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 9, 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 23 tubs of butter, remaining in the original unbroken 
packages at New York, N. Y., alleging that the article had been shipped in in- 
terstate commerce, April 29, 1932, by Charles City Creamery Co., Charles City, 
Iowa, to New York City, 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.
George F. Wagner & Co., New York, N. Y., agent for the Charles City Cream- 
ery Co., Charles City, Iowa, 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 19, 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 $600, con- 
ditioned 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.
HENBY A. WALLACE! Secretary of Agriculture.