12031. Adulteration and misbranding of butter. XJ. S. v. 116 Tubs of 
Butter. Consent decree of condemnation and forfeiture. Product 
x-eleased to claimant to be reworked upon execution of bond or 
deposit of collateral. (F. & D. No. 18904. I. S. No. 19018-v. S. No. 
E-3938.)
On August 13, 1924, 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 136 tubs of butter, consigned by Golden Valley Creamery > 
Golden Valley, N. D., remaining in the original unbroken packages at New 
York, N. Y.. alleging that the article had been shipped from Golden Valley, 
X. D., on or about July 29, 1924, and transported from the State of North 
Dakota into the State of New York, and charging adulteration and misbranding 
in violation of the food and drugs acts as amended.
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive moisture, had been mixed and packed therewith so as 
to reduce, lower, or injuriously affect its quality or strength and had been 
substituted wholly or in part for the said article, and for the further reason 
that a valuable constituent, butterfat, had been wholly or in part abstracted.
Misbranding was alleged for the reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On September 4, 1924, Fitcli Cornell & Co., New York, N. Y., 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 $2,400, 
or the deposit of collateral in an equal amount, conditioned in part that the 
said product be reworked under the supervision of this department.
HOWARD M. GOBE, Secretary of Agriculture.