20238. Adulteration of butter.    U.S. v. 19 Cubes of Butter.    Consent decree
of  condemnation and forfeiture.     Product released under bond.
(F. & D. no. 28846.    Sample no. 1257-A.)
This action involved a quantity of butter, samples of which were found to 
contain less than 80 percent by weight of milk fat, the standard for butter 
prescribed by Congress.
On August 16, 1932, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 19 cubes of butter, remaining in the original 
unbroken packages at Dos Angeles, Calif., alleging that the article had been 
shipped in interstate commerce, on or about August 7, 1932, by T. B. Klock 
& Co., from Bozeman. Mont., to Los Angeles, Calif., and charging adulteration 
in violation of the Food and Drugs Act. The article was labeled in part: 
"Bozeman Creamery Bozeman, Montana T. B. Klock & Co., Seattle, Wash."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 percent of milk fat had been substituted wholly or in 
part for butter.
On August 24, 1932, the Bozeman Creamery Co., Bozeman, Mont, 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 costa and the execution of a bond in the sum of $250, conditioned 
that it should not be sold or disposed of contrary to the provisions of the 
Federal Food and Drugs act. and all other laws. On September 6, 1932, the 
product having been reworked and brought into compliance with the law, final 
order was entered making the release permanent and exonerating the bond.
R. G. TXTQWELL, Acting Secretary of Agriculture.