25641. Adulteration of butter.    U. S. v. 20 Cartons of Butter.    Default decree
of   condemnation.     Product   denatured  and  sold.     (F.   &  D.   no.   36846. 
Sample no. 51780-B.)
This case involved a shipment of butter that contained filth.
On December 2, 1935, the United States attorney for the Western 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 20 cartons of butter 
at Rochester, N. Y., alleging that the article had been shipped in interstate 
commerce on or about November 10, 1935, by Swift & Co., from Muskogee, Okla., 
and charging adulteration in violation of the Food and Drugs Act. A portion 
of the article was labeled: "Ohio State Brand Creamery Butter * * * Dis- 
tributed by Swift & Company * * * Chicago." The remainder was labeled: 
"Old Homestead Creamery Butter [or "ClifEside Creamery Butter"] * * * 
Distributed by The Iowa Packing Company, Des Moines, Iowa."
The article was alleged to be adulterated in that it consisted in whole or in" 
part of a filthy, putrid, or decomposed animal substance.
On January 20, 1936, no claimant having appeared, judgment of condemna- 
tion and destruction was entered. On February 3, 1936, the decree was modi- 
fled to permit the sale of the product to a tallow factory to be denatured under 
the supervision of the United States marshal.
W. R. GREGG, Acting Secretary of Agriculture.