17563. Adulteration of butter.    U. S. v. 20 Tubs of Butter.    Consent decree 
of  condemnation  and  forfeiture.    Product  released  under  bond.
(F. & D. No. 24890.    I. S. No. 037226.    S. No. 3213.)
Samples of butter from the herein described interstate shipment having been 
found to contain less than the legal requirement of milk fat, the Secretary 
of Agriculture reported the facts to the United States attorney for the North- 
ern District of Illinois.
On or about June 16,1930, 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 20 tubs of butter, remaining in the original unbroken packages 
at Chicago, Ill., alleging that the article had been shipped by J. P. McKinney 
Manufacturing Co., Columbus, Kans., on May 27, 1930, and had been trans- 
ported from the State of Kansas 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 sub- 
stance deficient in butterfat had been mixed and packed therewith so as to 
reduce and lower and injuriously affect its quality and strength, and had been 
substituted in part for the said article. Adulteration was alleged for the 
further reason that the article contained less than 80 per cent of butterfat.
On June 19, 1930, Gallagher Bros., 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 good and sufficient bond, conditioned in part 
that it be reprocessed so that it contain not less than 80 per cent of butterfat.
ABTHUE M. HYDE, Secretary of Agriculture.