13831. Adulteration and alleged misbranding of butter. 17. S. v. 23 Tubs 
of Butter. Consent decree of condemnation and forfeiture. Prod- 
net released under bond.     (F. & D. No. 20301.    I. S. No. 1359-x.    S. No.
C-4776.)
On July 10, 1925, the United States attorney for the Northern District of 
Illinois, 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 23 tubs of butter, remaining in the original packages at 
Chicago, Ill., alleging that the article had been shipped by the Hibbing 
Creamery, from Hibbing, Minn., July 1, 1925, and transported from the State 
of Minnesota into the State of Illinois, and charging adulteration and mis- 
branding in violation of the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that exces- 
sive water had been mixed and packed therewith so as to reduce and lower 
and injuriously affect its quality and strength, for the further reason that a 
substance deficient in milk fat and high in moisture had been substituted 
wholly or in part for the said article, and for the further reason that a 
valuable constituent, to wit, butterfat, had been in part abstracted from the 
said article.
Misbranding was alleged for the reason that the article was food in package 
form and the quantity of the contents was not marked on the outside of the 
package.
On July 30, 1925, the Hibbing Creamery Co., Hibbing, Minn., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of the court was entered, finding the product adulterated 
and ordering its condemnation and forfeiture, and it was further 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 $1,000, 
in conformity with section 10 of the act, conditioned in part that it be 
reprocessed under the supervision of this department so as to raise the butler- 
fat content to not less than 80 per cent.
R. W. DUNLAP, Acting Secretary of Agriculture.