19794. Adulteration of butter.    U. S. v. 43 Tubs of Butter.     Consent decree
of  condemnation and  forfeiture.    Product  released under bond.
(11003-A.    F. & D. No. 28378.)
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 prescribed by Congress.
On May 24, 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 43 tubs of butter, remaining in the original and 
unbroken packages at New York City, N. Y., alleging that the article had been
shipped in interstate commerce on or about May 14, 1932, by the Farmers Coop- 
erative Creamery, from Boone, Iowa, to New York City, N. Y., 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 it con- 
tained less than 80 per cent of milk fat, the standard prescribed by act of March 
4, 1923.
The Farmers Cooperative Creamery, Boone, 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 butterfat. On May 27, 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 $1,000, 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.
HENEY A. WALLACE, Secretary of Agriculture.