9609. Adulteration and misbranding of butter. IT. S. * * * v. 110 Tubs 
* * * of Butter. Consent decree of condemnation and forfei- 
ture. Product released under bond. (F. & D. No. 15107. I. S. No. 
679-t.    S.  No.   C-3093.)
On July 2, 1921, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel for the seizure and 
condemnation of 110 tubs, more or less, of butter, remaining unsold in the origi- 
nal unbroken packages at Chicago, Ill., alleging that the article had been 
shipped by the Rapid City Creamery Co., Rapid City, S. Dak., June 15, 1921, 
and transported from the State of South Dakota into the State of Illinois, and 
charging adulteration and misbranding in violation of the Food and Drugs Act, 
as amended.
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, excessive water, had been mixed and packed therewith so as 
to reduce and lower and injuriously affect its quality and strength, for the 
further reason that a substance deficient in milk fat and containing excessive 
moisture had been substituted in part for the said article, and for the further 
reason that a valuable constituent of the said article, to wit, butter fat, had 
been in part abstracted therefrom.
Misbranding was alleged for the reason that the said article was an imitation 
of, and was offered for sale under the distinctive name of, another article, to 
wit, butter, and for the further reason that it was food in package form, and 
the quantity was not plainly and conspicuously marked on the outside of the 
package in terms of weight and measure.
On July 15, 1921, the Rapid City Creamery Co., Rapid City, S. Dak., claim- 
ant, having admitted the allegations of the libel and having consented to a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to said claimant upon pay- 
ment of the costs of the proceedings and the execution of a bond in the sum 
of $1,000, in conformity with section 10 of the act, conditioned in part that the
product be reprocessed under the supervision of this department so as to re- 
move the .excess water therefrom and that the quantity of the contents be 
marked plainly and conspicuously on the outside of the package in terms of 
weight or measure.
C. W. PUGSLEY, Acting Secretary of Agriculture.