19984. Adulteration of butter.    V. S. v. 8 Tubs of Butter.    Consent decree-
of  condemnation  and  forfeiture.    Product  released  under   bond 
to be reworked.     (No. 11369-A.    F. & D. No. 28482.)
This action involved a quantity of butter, samples of which were found to- 
contain less than 80 per cent by weight of milk fat, the standard for butter pre- 
scribed by Congress.
On June 30, 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 eight tubs of butter, remaining in the original 
unbroken packages at New York, N. Y., alleging that the article had been 
shipped in interstate commerce on June 22, 1932, by the Worthington Farmers- 
Cooperative Creamery Co., of Worthington, Iowa, through the F. J. Tobin Co.,. 
from Worthington, Iowa, 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, i923.
Michael J. Kaylor, Interposed a claim for the product as agent for the 
Gearori-Anderson Farm Products Co. (Inc.), New York, N. Y., 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 July 11, 1932, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the claimant upon 
payment of costs and the execution of a bond in the sum of $200, conditioned 
in part that it be reworked so that it comply with the Federal food and drugs- 
act and all other laws.
HEJNBY A. WAJXA.CE, Secretary of Agriculture.