17528. Adulteration of butter.    U. S. v. 11 Tubs of Butter.     Consent decree
of   condemnation  and  forfeiture.     Product  released  under  bond.
(F. & D. No. 24027.    I. S. No. 04514.    S. No. 2151.)
Samples of butter from the herein described interstate shipment having been 
found to contain less than the legal requirement of milk fat, namely, less than 
80 per cent of milk fat, the Secretary of Agriculture reported the matter to the 
United States attorney for the Northern District of Illinois.
On July 18, 1929, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 11 tubs of butter, remaining in the original unbroken packages 
at Chicago, Ill., alleging that the article had been shipped by Schmitt Bros. 
(Inc.), from Blue River, Wis., on July 9, 1929, and had been transported from 
the State of Wisconsin into the State of Illinois, 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, 
excessive water, had been mixed and packed therewith so as to reduce and 
lower and injuriously affect its quality; in that a substance deficient in milk 
fat and high in moisture had been substituted wholly or in part for the said 
article; in that a valuable constituent of the article, butterfat, had been in part 
abstracted therefrom; and in that it contained less than 80 per cent of 
butterfat.
On July 26, 1929, C. H. Weaver & Co., Chicago, Ill., 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 $1,000, conditioned in part that 
it be reprocessed under the supervision of this department so that it contain 
not less than 80 per cent of butterfat.
ARTHTJE M. HYDE, Secretary of Agriculture.