18629. Adulteration   and   Misbranding of   butter.    U.   S.   v.   14   Tubs   of
Butter. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 27165. I. S. No. 36454. S. No. 
5046.)
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 Northern District of Illinois.   ,
On July 25, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 14 tubs of butter, remaining' in the original unbroken packages at 
Chicago, Ill., alleging that the article had been shipped by the Polomas Creamery 
Co., from Wausaukee, Wis., July 14, 1931, 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 
further 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 ,saitf 
article contained less than 80 per cent of milk fat.
On July 28, 1931, the Peter Fox Sons Co., Chicago, Ill. claimant, having ad- 
mitted the allegations of the libel and having consented to the entry of a <le-
cree, judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the said claimant, to he reworked 
under the supervision of this department, upon payment of costs and the exe- 
cution of a bond in the sum of $500, conditioned that it should not be sold or 
otherwise disposed of contrary to the Federal food and drugs act and other 
existing laws.
AETHUB M. HYDE, Secretary vf Agriculture.