18761. Adulteration of butter.    U. S. v. 42 Tubs of Butter.     Consent decree
of  condemnation   and   forfeiture.     Product   released   under  bond.
(F. & D. No. 27124.    I. S. No. 34102.    S. No. 4872.)
Samples of butter from the interstate 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 24, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 42 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by the North- 
west Dairy Forwarding Co., Duluth, Minn, (acting for West Side Cooperative 
Creamery, Little Falls, Minn.), on June 13, 1931, 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 law.
J. Eugene Herold, agent for the West Side Creamery Co., Little Falls, Minn., 
interposed a claim for the product and admitted the allegations of the libel, 
consented to the entry of a decree, and agreed that the product be reconditioned 
so that it contain at least 80 per cent of butterfat. On July 16, 1931, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be released to the said claimant upon payment of costs and 
the execution of a bond in the sum of $1/K)0, conditioned in part that it be 
reworked and reprocessed so that it comply with the law, and that it should not 
be disposed of until examined and approved by this department.
ABTHUB M. HTDE, Secretary of Agriculture.