23171. Adulteration of butter.    U. S. v. 11 Boxes of Butter.    Consent decree
of condemnation and forfeiture.   Product released under bond to 
be reworked.     (F. & D. no. 32941.    Sample no. 7969-A.)
This case involved a shipment of butter, samples of which were found 
to contain less than 80 percent of milk fat.
On June 15, 1934, 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 11 boxes of butter 
at New York, N. Y., alleging that the article had been shipped in interstate 
commerce, on or about June 2, 1934, by the Middle State Creameries, Inc., 
from Omaha, Nebr., and charging adulteration in violation of the Food and 
Drugs Act.   The article was labeled in part: " Breakstone's Best Sweet Butter."
The article was alleged to be 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 Congress of March 4, 1923.
On October 23, 1934, the Middle States Creameries, Inc., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation was entered and it was ordered that the 
product be released to the claimant under bond, conditioned that it be reworked 
so that it contain not less than 80 percent of butterfat.
M. L. WILSON, Acting Secretary of Agriculture.