17675. Adulteration and Misbranding of butter.    V. S. v. 30 Tubs of Butter.
Consent decree of condemnation and forfeiture.     Product released 
under bond.     (P. & D. No. 25059.    I. S. No. 2535.    S. No. 3324.)
Samples of butter from the herein described interstate shipment having heen 
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 31, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 30 tubs of butter, remaining in the original unbroken packages at 
New York, N. Y., alleging that the article had been shipped by the Iowa Falls 
Creamery Co., Iowa Falls, Iowa, July 25, 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 substance 
?deficient in butterfat had been mixed and packed therewith 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 7, 1930, the Iowa Falls Creamery Co., Iowa Falls, Iowa, 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 
mpon payment of costs and the execution of a bond in the sum of $900, condi- 
tioned 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.
ABTHUB M. HYDE, Secretary of Agriculture.