21051. Adulteration and Misbranding of butter.    U. S. v. Yerington Cream¬
ery Co.    Plea of guilty.    Fine, $100.     (F. & D. no. 30138.    Sample nos. 
504-A to 507-A, incl., 522-A, 12801-A, 12802-A.)
This action was based on interstate shipments of butter, samples of which 
were found to contain less than 80 percent by weight of milk fat, the stand- 
ard for butter established by Congress.
On May 19, 1933, the United States attorney for the District of Nevada, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Yerington Creamery Co., a corporation, Mason, 
Nev., alleging shipment by said company, in various shipments between June 
13 and June 29, 1932, in violation of the Food and Drugs Act, from the State 
of Nevada into the State of California, of quantities of butter which was adul- 
terated, and portions of which were also misbranded. The article was labeled 
variously: " Yerington Creamery Co., Mason, Nevada "; " Pasteurized Cream- 
ery Butter * * * From Yerington Creamery, Mason, Nevada"; " May- 
rose Pasteurized Extra Creamery Butter * * * Distributed by Western 
Meat Co. U. S. A."
It was alleged in the information that the article was adulterated in that 
a product which contained 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 prescribed by the act of March 4, 1923, which the article pur- 
ported to be.
Misbranding of portions of the article was alleged for the reason that the 
statement, " Butter", on the packages, was false and misleading, and for 
the further reason that the article was labeled so as to deceive and mislead 
the purchaser, since the said statement represented that the article was butter, 
whereas it was not butter, since it contained less than 80 percent by weight of 
milk fat.
On June 5, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.