18647. Adulteration and misbrandlngr of butter. U. S. v. 79 Tubs, et. al., of 
Butter. Consent decrees of condemnation and forfeiture. Product 
released under bond. (F. & D. Nos. 27164, 27178. I. S. Nos. 35334, 
37106.    S. Nos. 4979, 5051.)
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 Hlinois.
On or about July 14 and July 24, 1931, the United States attorney filed in 
the District Court of the United States for the district aforesaid libels praying: 
seizure and condemnation of 227 tubs of butter, remaining in the original un- 
broken packages at Chicago. Ill. alleging that the article had been shipped by 
the Beno Creamery Co., from Hutchinson, Kans., in part on June 29, 1931, and 
in part on July 7, 1931, and had been transported from the State of Kansas 
into the State of Illinois, and charging adulteration and misbranding in viola- 
tion 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 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 28 and July 29, 1931, L. D. Schreiber and Co. (Inc.), and the Peter 
Fox Sons Co., Chicago, Ill. having appeared as claimants for respective por- 
tions of the product, and having admitted the allegations of the libels and con- 
sented 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 said 
claimants to be reworked under the supervision of this department, upon pay- 
ment of costs and the execution of bonds totaling $4,O0Q, conditioned that it 
should not be sold or otherwise disposed of contrary to the Federal food and 
drugs act and other existing laws.
ABTHUB M. HYDE, Secretary of Agriculture.