18641. Adulteratlon and Misbranding of batter.    U. S. v. 13 Tabs, et al., of
Batter. Consent decrees of condemnation and f orf eltare. Prodact 
released ander bond. (F. & D. Nos. 27110, 27172. I. S. Nos. 36342, 
37112.    S. Nos. 4955, 4978.)
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 July 3 and July 9, 1931, the United States attorney .filed in the District 
Court of the United States for the district aforesaid libels praying seizure and 
condemnation of 26 tubs of butter, remaining in the original unbroken packages 
at Chicago, Ill., alleging that the article had been shipped by the Hastriter 
Creamery Co., from McPherson, Kans., June 25, 1931, and had been transported 
from the State of Kansas into the State of Illinois, and charging adulteration 
and misbranding in violation of the food and drugs act.
It was alleged in the libels that the article was adulterated in that a substance 
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 sub- 
stituted in part for the said article. Adulteration was alleged for the further 
reasqn 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 it contained less 
than 80 per cent of milk fat.
On July 13 and July 17,1931, the Peter Fox Sons Co., and C. H. Weaver & Co., 
both of Chicago, Ill., having appeared as claimants for respective portions of the 
property and having admitted the allegations of the libel and consented to the 
entry of decrees, judgments.of condemnation and forfeiture were entered, and 
it was ordered by the court that the product be released to the claimants to be
reworked under the supervision of this department, upon payment of costs and 
the execution of bonds totaling $1,000, conditioned in part that it should not be 
sold or otherwise disposed of contrary to the Federal food and drugs act and 
other existing laws.
ABTHTJB M. HYDE, Secretary x>f Agriculture.