21723. Adulteration and misbranding of butter.     V.  S. v.  Charles  Bussell
Parrish    and   Richard   Henrik   Kelson    (Talley    Creamery,   Ltd.), 
Pleas of guilty.    Fine, $26.   (F. & D. no. 30230.    Sample no.  24290-A.)
This case involved a shipment of butter, samples of which were found to con- 
tain less than 80 percent by weight of milk fat,  the standard for butter 
i established by Congress.
On July 29, 1933, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court an 
information against Charles Russell Parrish and Richard Henrik Nelson, 
trading as Valley Creamery, Ltd., at Milford, Utah, alleging shipment by said 
defendants in violation of the Food and Drugs Act, on or about October 22, 
1932, from the State of Utah into the State of California, of a quantity of 
butter that was adulterated and misbranded. The article was labeled in part: 
"Valley Creamery, Ltd. Milford, Utah 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 substi- 
tuted for butter, a product which should contain not less than 80 percent of 
milk fat as provided by the act of March 4, 1923.
Misbranding of the article was alleged for the reason that the statement. 
"Butter", was false and misleading, and for the further reason that the ar- 
ticle was labeled so as to deceive and mislead the purchaser, since the said 
statement represented that the article was butter, a product which should con- 
tain not less than 80 percent of milk fat as required by law, whereas it was not.
On October 14, 1933, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $26.
M. L. WILSON, Acting Secretary of Agriculture.