20025. Adulteration of butter.    U.S. v. 12 Cubes of Butter.    Consent decree
of condemnation  and forfeiture.     Product  released  under  bond.
(F. & D. No. 28691.    Sample No. 1666-A.)
This action involved the shipment of a quantity of butter, samples of which 
were found to contain less than 80 percent by weight of milk fat, the standard 
prescribed by Congress.
On July 28, 1932, the United States attorney for the Western District of 
Washington, 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 cubes of butter, remaining in the original 
unbroken packages at Seattle, Wash., alleging that the article had been shipped 
in interstate commerce, on or about July 25, 1932, by Smith's Creamery (North 
Idaho Co-operative Creamery), from Lewiston, Idaho, to Seattle, Wash., 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 percent by weight of milk fat had been substituted 
for butter, a product which should not contain not less than 80 percent of 
milk fat as provided by the act of March 4, 1923.
On August 1, 1932, the North Idaho Co-operative Creamery, claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, 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 $150, conditioned 
in part that it should not be sold or disposed of in violation of the Federal Food 
and Drugs Act and all other laws, and that it be brought into conformity with 
the law under the supervision of this department.
It. G. TUGWELL, Acting Secretary of Agriculture.