19837. Adulteration and Misbranding of butter.    U. S. v. 10 Boxes, et al.,
of Butter. Decrees of condemnation and forfeiture. Product: 
released under bond. (F. & D. Nos. 28019, 28254. I. S. Nos. 37639r 
42354.    S. Nos. 6045, 6074.)
These actions involved two interstate shipments of butter. Samples taken 
from one of the shipments were found to contain less than 80 per cent by weight 
of milk fat, the standard for butter prescribed by Congress. In the other ship- 
ment sample packages were found to contain less than 1 pound, the declared 
weight. In both lots the quantity of the contents was not declared in manner 
required by the law, the statement of weight being incorrect in one instance and 
entirely absent in the other.
On April 1 and April 2, 1932, the United States attorney for the District of 
Maryland, acting upon reports by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid libels praying sei- 
zure and condemnation of 23 boxes of butter, remaining in the original unbroken 
packages at Baltimore, Md., consigned on or about March 23, 1932, alleging 
that the article had been shipped in interstate commerce by the Boone Dairy 
(Inc.), from Boone, Iowa, to Baltimore, Md., and charging adulteration and mis- 
branding of a portion and Misbranding of the remainder, in violation of the 
food and drugs act as amended. A portion of the article was labeled in part: 
(Wrapper) "1 Lb. Net Weight;" (shipping package) "From Boone Dairy, 
Inc. * * * Boone, Iowa. Solid Pounds." The remainder of the article was 
labeled in part: (Wrapper) "Creamery Butter;" (shipping package) "From 
Boone Dairy, Inc.    *   *    *   Boone, Iowa."
Adulteration was alleged with respect to a portion of the article for the 
reason that a substance deficient in butterfat had been substituted wholly or in 
part for the article, and had been mixed and packed therewith so as to reduce, 
lower, br injuriously affect its quality or strength.
Misbranding of the said portion was alleged for the reason that the statement 
" Butter," borne on the label, was false and misleading and deceived and misled 
the purchaser, and for the further reason that the said portion was offered for 
sale under the distinctive name of another article. Misbranding was alleged 
with respect to the remainder of the article for the reason that the statement 
" 1 Lb. Net Weight," borne on the label, was false and misleading and deceived 
and misled the purchaser. Misbranding was alleged with respect to both lots 
for the 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 pack- 
age, since the statement was incorrect in one instance and absent in the other.
On April 7, 1932, the Mayfield Butter Co., and the Maryland Butter Co., both 
of Baltimore, Md., having appeared as claimants for respective portions of the 
article, judgments of condemnation and forfeiture were entered, and it was 
ordered by the court that the product he released to the said claimants upon the 
payment of costs and the execution of good & sufficient bonds, conditioned in 
part that it should not be sold or disposed of contrary to the provisions of the 
Federal food and drugs act, and all other laws.
HENRY A. WALLACE, Secretary of Agriculture.