17658. Adulteration and Misbranding of butter.     U. S. v. 27 Boxes of But 
ter.    Consent   decree  of  condemnation.    Product   released  under 
bond.     (P. & D. No. 24663.    I. S. No. 025584.    S. No. 2940.)
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 Western District of New York.
On February 28, 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 27 boxes of butter, remaining in the original unbroken 
packages at Buffalo, N. Y., consigned by the Fosse Produce Co., La Porte City, 
Iowa, alleging that the article had been shipped from La Porte City, Iowa, 
February 12, 1930, and had been transported from the State of Iowa into the 
State of New York, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: "Admiral Creamery 
Butter-Pasteurized   *   *   *   C. A. Fosse, La Porte City, Iowa."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent of milk fat had been substituted for butter.
Misbranding was alleged for the reason that the article was labeled as butter, , 
which was false and misleading, since it contained less than 80 per cent of 
milk fat.
On March 20, 1930, C. A. Fosse and Ogden Fosse, copartners, trading as the 
Fosse Produce Co, La Porte City, Iowa, having appeared as claimants for the 
product, and having consented to the entry of a decree, judgment of condemna- 
tion was entered, and it was ordered by the court that the product be released 
to the said claimants upon payment of costs, and the execution of a bond in 
the sum of $750, conditioned in part that it be reworked under the supervision 
of this department.
ARTHUR M. HYDE, Secretary of Agriculture.