14719. Adulteration and misbranding of butter.    U. S. v. Frank P. Havelka
(Schuyler Creamery Co.).   Plea of nolo contendere.   Fine of $75 and 
costs.    (F. D. C. No. 25599.    Sample Nos. 67053-H, 67054-H, 21652-K.) 
INFORMATION FILED:   January 12, 1949, District of Nebraska, against Frank P. 
HAVELKA. trading a5? the Schuyler Creamery Co., Schuyler, Nebr.
ALLEGED VIOLATION : The defendant was charged with giving a false guaranty 
to Wilson & Co., Inc.. Omaha, Nebr., on or about September 7, 1945. It pro- 
vided that all butter manufactured, sold, and delivered by the defendant to the 
latter firm would be neither adulterated nor misbranded within the meaning 
of the Federal Food, Drug, and Cosmetic Act.
The defendant delivered to Wilson & Co., Inc., quantities of adulterated 
butter on or about September 20 and September 23, 1946, and a quantity of 
misbranded butter on or about July 21, 1948. Wilson & Co., Inc.. prior and 
subsequent to the dates of delivery, was engaged in the business of introducing 
and delivering for introduction into interstate commerce quantities of butter 
supplied by the defendant.
LABEL IN PART: (Prints) "Clear Brook Creamery Butter * * * Distribu- 
tors Wilson & Co.    *    x    *    Net Weight 1 Pound."
NATURE OF CHARGE: Adulteration (portion), Section 402 (b) (1), a valuable 
constituent, milk fat, had been in part omitted from the article; and. Section 
402 (b) (2). a product containing less than 80 percent by weight of milk fat 
had been substituted for butter.
Misbranding (portion), Section 403 (e) (2), the article failed to bear a 
label containing an accurate statement of the quantity of the contents since the 
prints weighed less than the declared weight of one pound.
DISPOSITION: March 3, 1949. A plea of nolo contendere having been entered, 
the court imposed a fine of $75 and costs.
EGGS