26589. Adulteration of butter.     XJ. S. v. 9, 10, and 4 Tubs of Butter.     Consent
decree of condemnation.     Product released under bond to be reworked.
(F.   &   D.   nos.   38180,   38181,   38182.    Sample  nos.   8509-C,   8510-C,   8511-C, 
9024-C, 9025-C.)
These cases involved interstate shipments of butter that was deficient in 
milk fat.
On August 10 and 11, 1936, the United States attorney for the Southern 
District of New York, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 23 tubs 
of butter at New York, N. Y., alleging that the article had been shipped in 
interstate commerce on or about July 28,1936, in part by the Anderson Creamery 
Co. from Dickinson, N. Dak.; in part by Glen Ullin Creamery from Glen 
Ullin, N. Dak.; and in part by New England Creamery from New England, 
N. Dak., 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 September 15, 1936, Fortjang Bros., New York, N. Y., claimant, having 
admitted the allegations of the libel and consented to the entry of a decree 
and the eases having been consolidated, judgment of condemnation was 
entered and it was ordered thai" the product be released under bond, condi- 
tioned that it be reworked so that it contain at least 80 percent of milk fat.
M. L WILSON, Acting Secretary of Agriculture.