20066. Adulteration and Misbranding of butter.    U.S. v. 35 Cases of Butter.
Consent decree of condemnation and forfeiture Product re- 
leased under bond for reworking:. (F. & D. No. 28404. Sample No. 
10940-A.)
Samples of butter from the shipment herein described were found to contain 
less than 80 percent of milk fat, the standard provided by Congress.
On June 1, 1932, the United States attorney for the Northern 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 35 cases (30 one-pound cartons each) of butter
at Troy, N.T., alleging that the article had been shipped in interstate commerce 
by Paul A. Schulze Co., from East St. Louis, Mo. (Illinois), on or about May 
19, 1932, and charging adulteration and misbranding 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 contain not less than 80 percent of milk 
fat as provided by act of March 4, 1923.
Misbranding was alleged for the reason that the packages were labeled 
" butter ", which was false and misleading since the article contained less than 
80 percent of milk fat.
On July 26, 1932, Paul A. Schulze Co., claimant, consenting 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 $200, conditioned 
that it be made to comply with the law under the supervision of this Depart- 
ment, and conditioned further that it should not be disposed of except in com- 
pliance with the law, State, city, and Federal, and particularly, that it contain 
at least 80 percent of butter fat.
R. G. TUGWELL, Acting Secretary of Agriculture.