18722. Adulteration of butter.    IT.  S. v. S Tubs of Butter.    Default decree
of condemnation and forfeiture.    Product delivered to charitable 
Institution.     (F. & D. No   26737.    I. S. No. 4645.    S. No. 4792.)
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 Southern District of New York.
On June 2, 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 five tubs of butter, remaining in the original unbroken packages at 
New York, N. Y., alleging that the article had been shipped by the H. C. 
Christians Co., Chicago, Ill., on or about May 25, 1931, and had been trans- 
ported from the State of Illinois into the State of New York, and charging 
adulteration in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent by weight of milk fat had been substituted for 
butter, a product which should contain not less than 80 per cent of milk fat 
as provided by the act of March 4, 1923.
On June 23, 1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the portion of the product passed by this department as fit for human consump- 
tion be delivered by the United States marshal to a charitable institution, and 
that any unfit portion be destroyed.
ARTHUR M. HYDE, Secretary of Agriculture.