17653. Adulteration and Misbranding of butter. V. S. v. 8 Tubs of Butter. 
Consent decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 24998.    I. S. No. 2330.    S. No. 3278.)
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 Southern District of New York.
On or about July 19,1930, 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 8 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y? alleging that the article had been shipped by the J. A. Long 
Co., Union City, Ind., on or about July 15, 1930, and had been transported from 
the State of Indiana into the State of New York, 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 substance 
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 August 8, 1930, the J. A. Long Co., Union City, Ind., claimant, having 
admitted the allegations of the libel and consented to the entry of a decree, and 
having agreed to recondition the product so that it contain at least 80 per cent 
of butterfat, 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 $300, or the deposit 
of cash collateral in like amount, conditioned in part that it be reworked and 
reprocessed so that it comply with the requirements of the Federal food and 
drugs act. On January 6,1931, one tub of the product having been reconditioned 
to comply with the terms of the bond and ordered released, an amended decree 
was entered permitting the shipment of the remaining seven tubs to Middletown, 
Md., to be manufactured into renovated or process butter, under the supervision 
of this department.
ABTHUB M. HYDE, Secretary of Agriculture.