13802. Adulteration and misbranding of butter. U. S. v. 29 Tubs of But- 
ter. Decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 20320.    I. S. No. 3035-x.    S. No. B-5375.)
On July 15, 1925, the United States attorney for the District of Massachu- 
setts, 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 con- 
demnation of 29 tubs of butter, remaining in the original unbroken packages 
at Boston, Mass., consigned July 7, 1925, alleging that the article had been 
shipped by the Farmers Creamery Co., Astoria, S. Dak., and transported from 
the State of South Dakota into the State of Massachusetts, and charging 
adulteration and misbranding in violation of the food and drugs act as 
amended.
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance deficient in butterfat had been mixed and packed with and substituted 
wholly or in part for the said article, and in that a valuable constituent of the 
article, to wit, butterfat, had been wholly or in part abstracted.
[Supplement 20T        J
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 July 29, 1925, A. E. Mills & Son, Boston, Mass., having entered an ap- 
pearance as claimant for the property and having filed a satisfactory bond   in 
conformity with section 10 of the act, judgment of condemnation was entered 
and it was ordered by the court that the product might be released to the said 
claimant upon payment of the costs of the proceedings.
R. W. DUNLAP, Acting Secretary of Agriculture.