17589. Adulteration and Misbranding of butter. U. S. v. 9 Tubs of Butter. 
Consent decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 24966.    I. g. No. 6640.    S. No. 3283.)
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 or about July 15, 1930, the said United States attorney filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying se zure 
and condemnation of 9 tubs of butter, remaining in V.e original unbroken 
packages at Chicago, Ill., alleging that the article had been shipped by the 
Lexington Creamery Co., from Lexington, Nebr.. on July 2, 1930, and trans- 
ported from the State of Nebraska into the State of Illinois, 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 therewith so as to
reduce and lower and injuriously affect its quality, and had been substituted 
in part for the said article. Adulteration was alleged for the further reason 
that the article was deficient in butterfat in that it contained less than 80 
j>er cent of butterfat.
.Misbranding was alleged for the reason that the article had been sold, shipped, 
and labeled as butter, which was false and misleading.
On July 24, 1930, the Peter Fox Sons 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, to be re- 
worked under the supervision of this department,, upon payment of costs and 
the execution of a bond in the sum of $500, conditioned in part that it should 
not be sold or otherwise disposed of contrary to law.
ABTHUB M. HYDE, Secretary of Agriculture.