12304. Adulteration  and  misbranding  of butter.     IT.   S.  v.  Harry Petersen
(Petersen   Creamery).     Plea   of   guilty.    Fine,  $100.     (F.   &   D.   No. 
17816.    I.  S. Nos. 8462-v, 8490-v.)
At the November, 1923, term of the United States District Court within and 
for the District of Utah, the United States attorney for said district, acting 
upon a report by the Secretary of Agriculture, filed in the district court afore- 
said, an information against Harry Petersen, trading as the Petersen Creamery, 
Salt Lake City, Utah, alleging shipment by said defendant in violation of the 
food and drugs act, in two consignments, namely, on or about January 18 and 
22, 1923, respectively, from the State of Utah into the State of Nevada, of quan- 
tities of butter, a portion of which was adulterated and the remainder of which 
was misbranded. A portion of the article was labeled in part: "Fancy Golden 
Arrow Brand Butter Petersen Creamery Salt Lake City, Utah * * * One 
Pound Net Weight." The remainder of the said article was labeled in part: 
"Alfalfa Creamery Butter Net Wt. 1 Pound * * * Petersen Creamery Salt 
Lake City, Utah."
Examination by the Bureau of Chemistry of this department of a sample 
taken from the consignment of Golden Arrow Brand butter showed that the 
average net weight of 30 packages examined was 15.66 ounces. Examination by 
the Bureau of Chemistry of the said department of the Alfalfa Creamery butter 
showed that the average net weight of the 27 packages examined was 15.76 
ounces. Analyses of five samples of the Alfalfa Creamery butter showed an 
average of 16.85 per cent of moisture and of 77.83 per cent of fat.
Misbranding of the Golden Arrow Brand butter was alleged in the informa- 
tion for the reason that the statement, " One Pound Net Weight," borne on the 
packages containing the article, was false and misleading in that it represented 
that each of the said packages contained 1 pound net of the said article, and for 
the further reason that it was labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that each of the said packages contained 1 pound 
net weight of the article, whereas, in truth and in fact, each of said packages 
did not contain 1 pound net weight but did contain a less amount.
Adulteration of the Alfalfa Creamery butter was alleged for the reason that 
a product deficient in milk fat and containing excessive moisture had been sub- 
stituted for creamery butter, which the article purported to be.
On January 3, 1924, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $300.
HOWAED M. GOEE, Acting Secretary of Agriculture.