19711. Adulteration of butter and misbranding of Colby cheese."   U. S. v. Port
Dodge Creamery Co.  Plea of guilty.  Fine of $450, plus costs.   (E*. D. C. 
No. 33823.   Sample Nos. 33723-L, 35630-L, 48317-L.)
INFORMATION FILED : January 14,1953, Northern District of Iowa, against the 
Fort Dodge Creamery Co., a corporation, Fort Dodge, Iowa.
ALLEGED VIOLATION : On or about March 14, 1941, the defendant gave to a firm 
engaged in the business of shipping cheese, in interstate commerce, at Lotts 
Creek, Iowa, a guaranty to the effect that all food products shipped by the 
defendant to the holder of the guaranty would be neither adulterated nor 
misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act. 
On or about February 20 and March 28, 1952, the defendant shipped a 
number of boxes of misbranded Colby cheese to the holder of the guaranty, at 
Lotts Creek, Iowa. In addition, on or about May 10, 1952, the defendant 
shipped from Fort Dodge, Iowa, to Chicago, Ill., a number of boxes of adulter- 
ated butter.
NATURE OF CHARGE: Butter. Adulteration, Section 402 (b) (1), ^a valuable 
constituent of the product, milk fat, had been in part omitted; and^ Section 402 
(b) (2), a product which contained less than 80 percent by weight of milk fat 
had been substituted for butter.
"Made From Pasteurized Milk" borne on the product was false and misleading 
since the product was not made from pasteurized milk; and, Section 403 (g) 
(1), the product failed to conform to the definition and standard of identity for 
Colby cheese since the milk used in its manufacture had not been pasteurized 
and the cheese had not been cured at a temperature of not less than 35 degrees 
F. for a period of not less than 60 days. Further misbranding (remaining lot), 
Section 403 (g) (1), the product failed to conform to the definition and stand- 
ard of identity for Colby cheese
'
since it contained more than 40 percent of 
moisture. 
DISPOSITION : March 30, 1953. The defendant having entered a plea of guilty, 
the court fined the corporation $450, together with costs.
CHEESE *