20315. Adulteration and Misbranding of butter. U.S. v. 13 Tubs of Butter. Decree of condemnation and forfeiture. Product released under bond for reworking. (F. & D. no. 28895. Sample no. 3564-A.) This action was based on the interstate 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 August 15, 1932, the United States attorney for the Northern District of Illinois, 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 13 tubs of butter, remaining in the original unbroken packages at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about July 28, 1932, by Model Creamery Co., from Newhall, Iowa, to Chicago, Ill., and charging adulteration and misbrand- ing in violation of the Food and Drugs Act. It was alleged in the libel that the article was adulterated In that a sub- stance deficient in butterfat had been mixed and packed therewith so as to reduce, lower, and injuriously affect its quality and strength, and had been substituted in part for the said article. Adulteration was alleged for the fur- ther reason that the article contained less than 80 percent of butterfat. Misbranding was alleged for the reason that the article had been sold, shipped, and labeled as " butter", which was false and misleading, since it contained less than 80 percent of milk fat. On October 3, 1932, William Gardemann, trading as the Model Creamery Co., Newhall, Iowa, 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 for reworking under the supervision of this Department, upon payment of costs and the execution of a bond in the sum of $500, conditioned in part that it should not be sold or disposed of contrary to the provisions of the Food and Drugs Act, or the laws of any State, Territory, District, or insular possession. R. G. TiTGWHii, Acting Secretary of Agriculture.