16383. Adulteration of butter. TJ. S. v. 10 Tubs of Butter. Decree of con- 
demnation and forfeitui-e. Product released upon deposit of col- 
lateral.     (F. & D. No. 23609.    I. S. No. 05791.    S. No. 1799.)
On March 13, 1929, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying seizure and 
condemnation of 10 tubs of butter, remaining in the original unbroken pack- 
ages at Boston, Mass., consigned about February 26, 1929, alleging that the 
article had been shipped by KirschbrauD & Sons (Inc.), Omaha, Nebr., and 
transported from the State of Nebraska into the State of Massachusetts, and 
charging adulteration in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a substance 
containing less than 80 per cent by weight of milk fat had been substituted 
in whole or in part for butter, which the said article purported to be, the act 
of Congress approved March 4, 1923, providing that butter contain not less 
than 80 per cent by weight of milk fat.
On March 19, 1929, Kirschbraun & Sons (Inc.), Omaha, Nebr., having appeare'd 
as claimant for the property and having admitted the allegations of the libel, 
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 deposit of $200 in lieu of bond in like amount, conditioned in 
part that it be reworked under the supervision of this department so that it 
contain at least 80 per cent of butterfat.
ARTHUR M. HYDE, Secretary of Agriculture.