14560. Adulteration and misbranding of butter. U. S. v. 36 Tubs of Butter. 
Consent decree of condemnation and forfeiture. Product re- 
leased   under   bond.     (F.   &  D.   No.   21204.    I.   S.   No.   13426-x.    S.   No.
B-5809.) 
On July 14, 1926, 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 seizure and 
condemnation of 36 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by the Crow 
River Co., from Cokato, Minn., on or about July 4, 1926, 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. The article was 
labeled in part: " Shipped by Crow River Co., Cokato, Minn."
Adulteration of the article was alleged in the libel 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 
substituted wholly 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 July 22, 1926, H. W. Flemming, Cokato, Minn., claimant, having admitted 
the allegations of the libel, and having consented to the entry of a decree and 
to recondition the product so that it would contain at least 80 per cent of 
butterfat, 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 $1,200, or the deposit of collateral in like amount, said bond or deposit being 
conditioned that the product be reworked and reprocessed to the satisfaction ; 
of this department.
W. M. JARDINE, Secretary of Agriculture.