11828. Adulteration of butter. V. S. v. 64 Tubs of Butter. Consent decree 
of condemnation and forfeiture. Product released under bond i- 
be reprocessed.     (F. & D. No. 17653.    I. S. No. 505-v.    S. No. J&-4450.)
On July 16, 1923, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 64 tubs of butter, remaining unsold in the original un- 
broken packages at New York, N. Y., alleging that the article had been shipped 
by the American Creamery Assoc, from Copas, Minn., on or about June 26, 
1923, and transported from the State of Minnesota into the State of New York, 
and charging adulteration in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that a 
product deficient in milk fat and high in moisture had been mixed and packed 
with and substituted in whole or in part for the said article. Adulteration 
was alleged for the further reason that a valuable constituent of the article, 
butterfat, had been in whole or in part abstracted.
On August 7, 1923, the Minnesota Cooperative Creameries Assoc, Inc., 
claimant, having admitted the allegations of the libel and consented to the 
entry of a decree, judgment of condemnation and forfeiture was entered, and it 
was ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $1,536, in conformity with section 10 of the act, conditioned in part 
that it be delivered to the factory to be reworked and reprocessed to the 
satisfaction of this department.
HOWARD M. GORE, Acting Secretary of Agriculture.