23936. Adulteration of butter.    V. S. v. 39 Tubs of Butter.    Consent decree
of condemnation and  forfeiture.    Product  released under bond 
to be reworked.    (F. & D. no. 33325.    Sample no. 6930-B.)
This case involved a shipment of butter that contained less than 80 percent 
of milk fat.
On July 28, 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 39 tubs of butter 
at New York, N. Y., alleging that the article had been shipped in interstate 
commerce July 16, 1934, by agent of the Fort Atkinson Creamery Co., Fort At- 
kinson, Iowa, from Charles City, Iowa, and charging adulteration in violation 
of the Food and Drugs Act
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 by weight of milk fat 
as provided by the act of Congress of March 4, 1923.
On August 3, 1934, the Fort Atkinson Creamery Co., claimant, having ad- 
mitted the allegations of the libel and having 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 bond in the sum of $800, conditioned that it be reworked so 
that it contain at least 80 percent of milk fat
M. L. WILSON, Acting Secretary of Agriculture.