24845. Adulteration and misbranding of butter. U. S. v. Rufus Niemi (Central
Illinois Creamery). Plea of guilty. Penalty, $50. (F. & D. no.
34047. Sample no. 4410-B.)
This case was based on an interstate shipment of butter that was deficient
in milk fat and that was not labeled to indicate the quantity of the contents.
On July 22, 1935, the United States attorney for the Southern District of
Illinois, acting upon a report by the Secretary of Agriculture, filed in the
district court an information against Rufus Niemi, trading as the Central
Illinois Creamery at Nokomis, Ill., alleging shipment by said defendant in
violation of the Food and Drugs Act as amended, on or about May 30, June 5,
and June 29, 1934, from the State of Illinois into the State of Missouri of a
quantity of butter which was adulterated and misbranded.
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 must contain not less than 80 percent by weight of milk fat as required
by the act of Congress of March 4, 1923, which the article purported to be.
Misbranding was alleged for the reason that the article was food in package
form and the quantity of the contents of the package was not plainly and
conspicuously marked on the outside of the package.
On August 16, 1935, the defendant entered a plea of guilty and the court
imposed a penalty of $50 in lieu of fine and costs.