35990. Adulteration of butter.     U. S. v. 21 Tubs of Butter.     Consent decree 
of  condemnation  and  forfeiture.     Product  released  under   bond.
(F. & D. No. 22977.    I. S. No. 26385-x.    S. No. 974.)
On July 5, 1928, 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 seizure a.nd 
condemnation of 21 tubs of butter, remaining in the original unbroken packages 
at Chicago, Ill., alleging that the article had been shipped by the Williston 
Creamery & Produce Co., from Williston, N. Dak., June 20, 1928, and had been 
transported from the State of North Dakota into the State of Illinois, and charg- 
ing adulteration in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a substance, 
to wit, excessive water, had been mixed and packed therewith so as to reduce 
and lower and injuriously affect its quality and strength, in that a substance 
deficient in milk fat and high in moisture had been substituted wholly or in 
part for the said article, in that a valuable constituent of the article, to wit, 
butterfat, had been in part abstracted therefrom, and in that the article con- 
tained less than 80 per cent of butterfat.
On August 8, 1928, John V. McCarthy & Co., Chicago, Ill., 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 costs and the execution of a bond in the sum of $1,000, conditioned 
in part that it be reprocessed so as to contain not less than 80 per cent of 
butterfat.
ARTHUR M. HYDE, Secretary of Agriculture.