18142. Adulteration and Misbranding of butter. 17. S. v. 14 Tubs of Salt 
Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 26375. I. S. No. 29310. S. No. 
4420.)
Samples of butter from the shipment herein described having been found 
below the standard provided by Congress, namely, containing 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 March 16, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 14 tubs of salt butter, remaining in the. original unbroken pack- 
ages at New York, N. Y., alleging that the article had been shipped by the 
Southern Dairies (Inc.), Knoxville, Tenn., on or about March 8, 1931, arid 
had been transported from the State of Tennessee 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: " Salt Butter."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent by weight of milk fat had been substituted 
for butter, a product which should contain not less than 80 per cent of milk 
fat as provided by the act of Congress of March 4, 1923.
Misbranding was alleged for the reason that the article was an imitation of 
or offered for sale under the distinctive name of another article, and for the 
further reason that it was labeled " Butter," which was false and misleading 
and deceived and misled the purchaser.
On March 27, 1931, Alex Grossman & Co. (Inc.), New York, N. Y., having 
appeared as claimant for the property as agent for the Southern Dairies 
{Inc.), Washington, D. C, owner, and said claimant having filed a stipulation 
admitting the allegations of the libel and consenting to the entry of a decree, 
and also having agreed to recondition the product so that it contain at least 
80 per cent of milk fat, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be released to the claimant 
upon payment of costs and the execution of a bond in the sum of $400, condi- 
tioned in part that it be reworked and reprocessed so that it should comply 
with the law.
ABTHTJB M. HTDB, Secretary of Agriculture.