18642. Adulteration and Misbranding of butter. U. S. v. 19 Tubs of Butter. 
Consent decree of condemnation and forfeiture. Product released 
under bond.    (F. & D. No. 27109.    I. S. No. 36341.    S. No. 4937.)
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 3, 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 19 tubs of butter, remaining in the original unbroken packages at 
Chicago, Ill., alleging that the article had been shipped by the Yale Cooperative 
Creamery, from Yale, Okla., June 24, 1931, and had been transported from the 
State of Oklahoma 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 July 17, 1931, C. H. Weaver & 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 to be 
reworked under the supervision of this department, upon payment of costs 
and the execution 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.
ABTHTJB M. HYDE, Secretary of Agriculture.