18686. Adulteration and Misbranding of batter. V. S. v. 10 Tabs, et al., of 
Batter. Consent decrees of condemnation and f orf ettare. Prodaet 
released under bond. (F. & Dv Nos. 27143, 27174. I. S. Nos. 36116, 
35040.    S. Nos. 4911, 5127.)
Samples of butter from the shipments 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 or about June 25 and August 14, 1931, the United States attorney filed 
in the District Court of the United States for the district aforesaid libels pray- 
ing seizure and condemnation of 35 tubs of butter, remaining in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
by the Farmers Union Creamery Co., from Norfolk, Nebr., in part on June 12, 
1931, and in part on July 22,' 1931, and had been transported from the State 
of Nebraska into the State of Illinois, and charging adulteration and mis- 
branding in violation of the food and drugs act.
It was alleged in the libels 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 
said article contained less than 80 per cent of milk fat.
On July 6 and August 26, 1931, the S. C. Borden Co., and Gallagher Bros. 
(Inc.),,both of Chicago, Ill., having appeared as claimants for respective 
portions of the property, and having admitted the allegations of the libels 
and consented to the entry of decrees, judgments of condemnation and for- 
feiture were entered, and it was ordered by the court that the product be 
released to the said claimants, to be reworked under the supervision of this 
department, upon payment of costs and the execution of bonds totaling $1,500 
conditioned that it should not be sold or otherwise disposed of contrary to 
the Federal food and drugs act and other existing laws.
ABTHTJB M. HTDE, Becretwy of Agriculture.