16817. Adulteration and misbranding1 of butter.     U. S. v. 45 Tubs of Butter.
Consent    decree    of   condemnation    and    forfeiture.     Product    re- 
leased under bond.     (F. & D. No. 24231.    I. S. No. 019928.    S. No. 2332.)
On September 10, 1929, the United States attorney for the Southern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the 
Dlstr'ct Court of the United States for said district a libel praying seizure and 
condemnation of 45 tubs of butter, remaining in the original unbroken packages 
at Cincinnati, Ohio, alleging that the article had been shipped by the Merchants 
Creamery Co., Springfield, Mo., on or about July 30, 1929, and transported from 
the State of Missouri into the State of OhTo, 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 product 
deficient in milk fat had been substituted for butter, which the article purported 
to be. Adulteration was alleged for the further reason that a product containing 
less than 80 per cent by weight of milk fat had been substituted for butter, a 
product which should contain not less than 80 per cent by weight of milk fat, 
is prescribed by the act of March 4, 1923, which the article purported to be.
Misbranding was alleged for the reason that the article was sold as butter 
when it should have contained not less than 80 per cent by weight of milk fat, 
as prescribed by law.
On October 15, 1929, the Merchants Creamery Co., C-ncinnati, Ohio, 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 for 
salvaging under the supervision of this department, upon payment of costs and 
the execution of a bond in the sum of $3,000, conditioned in part that it should 
not be sold or otherwise disposed of contrary to law.
ARTHUR M. HYDE, Secretary of Agriculture.