21403. Adulteration of butter.     V. S. v.  101  Tubs  of Butter.     Consent de¬
cree of condemnation and forfeiture. Product released under 
bond  to be  re-worked.      (F.  & D.  no.   30997.     Sample  no.  43274-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 August 14, 1933, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 101 tubs of butter at 
New York, N.Y., alleging that the article had been shipped in interstate com- 
merce on or about August 3, 1933, by the Linn County Farmers Mutual 
Creamery Association, for the Farmers Mutual Creamery Co., Central City, 
Iowa, 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 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 August 23, 1933, the Farmers Mutual Cooperative Creamery, Central City, 
Iowa, claimant, having admitted the allegations of the libel and having con- 
sented 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 bond in the sum of 
$1,800, conditioned that it be reworked so that it contain at least 80 percent 
of butterfat.
M. L. WILSON, Acting Secretary of Agriculture.