28659. Adulteration of butter.     IT. S. v. 94 Tubs of Butter.     Decree of condem¬
nation  and  forfeiture.     Product   ordered   released   under   bond  to   be 
reworked.     (F. & D. No. 41802.    Sample Nos. 2222-D, 2223-D.)
This product contained less than 80 percent of milk fat.
On February 4, 1938, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 94 tubs of butter at St. Paul, Minn., 
alleging that the article had been shipped in interstate commerce on or about 
January 24, 1938, by Armour Creameries from Mitchell, S. 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 February 19, 1938, Armour & Co. having appeared as claimant and having 
admitted all of the material allegations of the libel, judgment of condemnation 
was entered and it was ordered that the product might be released to the 
claimant under bond conditioned that it be reworked so that it complied with 
the law.
W. R. GBEGG, Acting Secretary of Agriculture.