16845. Adulteration and Misbranding of buttei*.     U. S. v. 70 Tubs of Butter.
Consent   decree   of   condemnation   and   forfeiture.     Product   re- 
leased under bond.     (F. & D. No. 24150.    I. S. No. 021236.     S. No. 2317.)
On September 4, 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 70 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had. been shipped by the Almena 
Creamery Co., from Almena, Wis., on or before August 20, 1929, and trans- 
ported from the State of Wisconsin into the State of New York, arriving about 
August 28, 1929, 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 sub- 
stance 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 17, 1929, Hunter, Walton & Co., New York, N. Y., 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 $2,000, conditioned 
in part that it be reworked and reprocessed so that it contain at least 80 per 
cent of butterfat.
ARTHUR M. HYDE, Secretary of Agriculture.