18144. Adulteration and Misbranding of butter. U. S. v. 18 Tubs of 
Butter. Consent decree of condemnation and forfeiture. Product 
released under bond.     (F. & D. No. 25255.    I. S. No. 7565.    S. No. 3369.)
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 Northern District of Illinois.
On or about August 25, 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 18 tubs of butter, remaining in the original un- 
broken packages at Chicago, Ill., alleging that the article had been shipped 
by the Kendall Cooperative Creamery Co., Kendall, Wis., July 22, 1930, and 
had been transported from the State of Wisconsin into the State of Illinois, 
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 therewith so as to 
reduce and lower and injuriously affect its quality and strength, and had been 
substituted in part for the said article. Adulteration was alleged for the fur- 
ther reason that the article was deficient in butterfat, in that it contained less 
than 80 per cent of butterfat.
Misbranding was alleged for the reason that the article had been sold, 
shipped, and labeled as butter, which was false and misleading in that the said 
article contained less than 80 per cent of milk fat.
On August 25, 1930, the National Tea Co., Chicago, Ill., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant for 
reworking under the supervision of this department, upon payment of costs and 
the execution of a bond in the sum of $500, conditioned in part that it should 
not be sold or otherwise disposed of contrary to the law.
AETHUB M. HYDE, Secretary of Agriculture.