38649. Adulteration and Misbranding of butter. U. S. v. 4 Tubs, et al., of 
Butter. Consent decrees of condemnation and forfeiture. Product 
released under bond. (F. & D. Nos. 27147, 27179. I. S. Nos. 85120, 
36424.    S. Nos. 4891, 4938.)
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 17 and July 1,1931, the United States attorney filed in the 
District Court of the United States for the district aforesaid libels praying 
seizure and condemnation of 22 tubs of butter, remaining in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
by the Almond Cooperative Creamery Co., from Almond, Wis., in part on June 
9, 1931, and in part on June 22, 1931, and had been transported from the State 
of Wisconsin into the State of Illinois, and charging adulteration and misbrand- 
ing 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 June 23 and July 6, 1931, the Land O'Lakes Creameries (Inc.), Chicago, 
111., claimant, having admitted the allegations of the libels and having 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 said claim- 
ant to be reworked under the supervision of this department, upon payment 
of costs and the execution of bonds totaling $600, 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.