18680. Adulteration and Misbranding of butter.    U. S. ?. 30 Boxes of But 
ter.    Product ordered released under bond to be reworked.    (F. &
D. No. 24995. I. S. No. 036857. S. No. 3299.)
Samples of butter from the shipment herein described having been found to 
contain less than 80 per cent of milk fat, the standard provided by Congress, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the District of Minnesota.
On June 4, 1930, 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 30 boxes, each containing 32 pounds of butter, remaining in the 
original unbroken packages at South St. Paul, Minn., alleging that the article 
had been shipped by the Lidgerwood Greamery Co., from Lidgerwood, N. Dak., 
May 29, 1930, and had been transported from the State of North Dakota into 
the State of Minnesota, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: (Carton) "Brook- 
field Pasteurized Creamery Butter   *   *   *   Distributed by Swift & Company."
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 July 3, 1930, Swift & Co., South St Paul, Minn., having appeared as 
claimant for the property and having consented to the entry of a decree of 
condemnation and forfeiture, judgment was entered finding the allegations of 
the libel to be true and ordering that the product be released to the claimant 
upon payment of costs and the execution of a bond in the sum of $600, condi- 
tioned in part that it be reworked under the supervision of this department
ABTHtnt M. HYDE, Secretary of Agriculture.