21389. Adulteration of butter.    XT. S. v. 13 Tubs of Butter.    Consent decree
of condemnation and forfeiture.     Product released under bond.
(F. & D. no. 31202.    Sample no. 40347-A.)
This case involved a shipment of butter, samples of which were found to 
contain less than 80 percent by weight of milk fat, the standard for butter 
established by Congress.
On or about September 20, 1933, the United States attorney for the Northern 
District of Illinois, acting upon a report by the Secretary of Agriculture, 
filed in the district court a libel praying seizure and condemnation of 13 tubs 
of butter at Chicago, Ill., alleging that the article had been shipped in inter- 
state commerce on or about August 14, 1933, by Ashley Creamery Co., from 
Ashley, N.Dak., and charging adulteration in violation of the Food and 
Drugs Act.
It was alleged in the libel that the article was adulterated in that a product 
containing not 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 the act of March 4, 1923.
On September 20, 1933, the Peter Fox Sons Co., Chicago, Ill., claimant, having 
admitted the allegations of the libel and 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 claimant upon payment of 
costs and the execution of a good and sufficient bond conditioned in part that 
it be reworked under the supervision of this Department.
M. L: WILSON, Acting Secretary of Agriculture.