21061. Adulteration and Misbranding of butter.    U. S. v. Mount Angel Co¬
operative   Creamery.     Flea   of   guilty.     Fine,   850.    (F.   &   D.   no.
29430.    Sample nos. 1563-A, 15057-A.)
This action involved interstate shipments 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 June 28, 1933, the United States attorney for the District of Oregon, act- 
ing upon a report by the Secretary of Agriculture, filed in the district court an 
information against the Mount Angel Cooperative Creamery, a corporation, 
Mount Angel, Oreg., alleging shipment by said company in violation of the 
Food and Drugs Act, on or about July 25, and August 22, 1932, from the State 
of Oregon into the State of Washington, of quantities of butter which was 
adulterated and misbranded. The article was labeled in part: " Standard Grade 
Butter   *    *    *    Oregon Creamery Butter."
It was alleged in the information that the article was adulterated in that 
a product containing less than 80 percent by weight of milk fat had been sub- 
stituted for butter, a product which should contain not less than 80 percent by 
weight of milk fat, as prescribed by the act of Congress of March 4, 1923, 
which the article purported to be.
Misbranding was alleged for the reason that the statement, " Butter " on the 
labels, 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, a product which should contain not 
less than 80 percent by weight of milk fat, as required by law; whereas it 
was not.
On June 28, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
M. L. WILSON, Acting .Secretary of Agriculture.