13152. Adulteration and misbranding- of butter.    IT. S. v. 25 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product released 
under bond to be reprocessed. (F. & D. No. 19837. I. S. No. 13588-v. 
S. No. B-5139.)
On February 13, 1925, 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 25 tubs of butter, remaining in the original un- 
broken packages at New York, N. Y., alleging that the article had been shipped 
by the Prescott Creamery, Prescott, Iowa, on or about January 31, 1925, and 
transported from the State of Iowa into the State of New York, and charging 
adulteration and misbranding in violation of the food and drugs act.
Adulteration of the article was; alleged in the libel for the reason that a 
substance deficient in butterfat and containing excessive moisture had been 
mixed and packed therewith so as to reduce, lower, or injuriously affect its 
quality or strength and had been substituted in whole or in part for the said 
article.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On February 26, 1925, Charles P. McCabe & Son, New York, N. Y., claimant, 
having admitted the allegations of the libel and having 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 $650, in conformity with section 10 of the act, conditioned in 
part that it be reworked and reprocessed under the supervision of this de- 
partment.
R. W. DUNLAP, Acting Secretary of Agriculture.