16733. Adulteration "and Misbranding of butter.    U. S. v. 20 Tubs of Butter.
Consent   decree   of   condemnation   and   forfeiture.    Product   re- 
leased under bond.    (F. & D. No. 24154.    I. S. No. 021259.    S. No. 2336.)
On September 19, 1929, 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 20 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by the Sobieski 
Farmers Cooperative Creamery Association, Little Falls, Minn., in part on or 
before September 4, 1929, and in part on or before September 7, 1929, and trans- 
ported from the State of Minnesota into the State of New York, and charging 
adulteration and misbranding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a substance 
deficient in butterfat had been mixed and packed with it 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 September 23, 1929, the Sobieski Farmers Cooperative Creamery Associ- 
ation, Little Falls, Minn., 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 $600, conditioned in part that it be reworked and repro- 
cessed, under the supervision of this department, so that it contain not less 
than 80 per cent of butterfat.
ARTHUK M. HYDE, Secretary of Agriculture.