17522. Adulteration and Misbranding of butter.    U. S. v. 6 Tubs, et al., of
Butter. Decrees of condemnation and forfeiture. Product re- 
leased upon deposit of collateral. (F. & D. Nos. 24885, 24887. I. S. 
Nos. 027438, 027440.    S. Nos. 3199, 3202.)
Samples of butter from the herein-described interstate shipments having been 
found low in milk fat, the Secretary of Agriculture reported the matter to the 
United States attorney for the District of Massachusetts.
On June 12, and June 13, 1930, respectively, the said United States attorney 
filed in the District Court of the United States for the district aforesaid libels 
praying seizure and condemnation of 6 tubs and 52 boxes of butter, remaining 
in the original unbroken packages at Boston, Mass., consigned in two lots, on or 
about May 21, and May 28, 1930, respectively, alleging that the article had been 
shipped by the West River Creamery, South Londonderry, Vt., and had been 
transported from the State of Vermont into the State of Massachusetts, and 
charging adulteration with respect to a portion, and adulteration and mis- 
branding with respect to the remainder, in violation of the food and drugs act. 
A portion of the article consisted of print butter labled in part: (Wrapper) 
" West River Creamery Co. South Londonderry, Vermont;" (wooden box) 
" Fancy Creamery Butter."
It was alleged in the libels that the article was adulterated in that a product 
containing less than 80 per cent by weight of milk fat had been substituted 
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.
Misbranding was alleged with respect to the print butter for the reason 
that it was labeled, " Butter," which was false and misleading, since it con- 
tained less than 80 per cent by weight of milk fat.
On June 23, and June 25, 1930, respectively, the West River Creamery Co., 
South Londonderry, Vt., having appeared as claimant for the property and 
having admitted the allegations of the libels, judgments of condemnation and 
forfeiture were 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 collateral 
in the amount of $850, conditioned in part that it be reworked under the 
supervision of this department.
ARTHUB M. HYDE, Secretary of Agriculture.