13279. Adulteration  and  misbranding-  of  butter.    V.  S. v. 41  Tubs  and 8
Tubs of Butter. Consent decrees of condemnation and forfeiture. 
Product released under bond to be reworked. (F. & D. Nos. 20024, 
20029.    I. S. Nos. 13475-v, 13514-v.    S. Nos. B-5195, E-5252.)
On or about March 26, 1925, the United States attorney for the Southern Dis- 
trict of New York, acting upon reports by the Secretary of Agriculture, filed in 
the District Court of the United States for said district libels praying the 
seizure and condemnation of 49 tubs of butter, remaining in the original un- 
broken packages at New York, N. Y., alleging that the article had been shipped 
by the Minnesota Cooperative Creameries Assoc., from Minnesota Transfer, 
Minn., on or about March 7, 1925, and transported from the State of Minnesota 
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 libels for the reason that a 
substance deficient in butterfat had been mixed and packed therewith so as to 
reduce or lower or injuriously affect its quality or strength and had been sub- 
stituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was an imitation of 
or offered for sale under the distinctive name of another article.
On April 3, 1925, the Minnesota Co-Operative Creameries Assoc, Inc., claim- 
ant, having admitted the allegations of the libels and having consented to the 
entry of decrees, judgments of condemnation and forfeiture were entered, and 
it was ordered by the court that the product be released to the said claimant 
upon payment of Jhe costs of the proceedings and the execution of bonds in the 
aggregate sum of $1,480, in conformity with section 10 of the act, conditioned 
in part that it be reworked and reprocessed so as to contain at least 80 per 
cent of butterfat and the packages marked to show the quantity of the contents.
R. W. DITNLAP, Acting Secretary of Agriculture.