17667. Adulteration and Misbranding of butter. TJ. S. v. 6 Tubs of Butter. 
Consent decree of condemnation and forfeiture. Product released 
under bond.    (F. & D. No. 24999.    I. S. No. 2341.    S. No. 3297.)
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 July 24, 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 6 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by B. C. Capper, 
from Brighton, Iowa, on or before July 17, 1930, arriving at New York on 
or about July 21, 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.
It was alleged in the libel that the article was adulterated in that a sub- 
stance 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 had been offered 
for sale under the distinctive name of another article.
?Courtney L. Poole, New York, N. X., entered an appearance and claim for 
the property as agent for E. C. Capper, Brighton, Iowa, and admitted the 
allegations of the libel, consented to the entry of a decree, and agreed to recon- 
dition the product so that it contain at least 80 per cent of butterfat. On 
August 15, 1930, 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 $200, 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 and all laws relating thereto.
ARTHUR M. HYDE, Secretary of Agriculture.