18763. Adulteration and Misbranding of Butter.    TJ. S. v. 54 Boxes of But 
ter.    Product   ordered   released   under   bond   to   be   reworked.     (E\   &
D. No. 25053.    I. S. No. 036860.     S. No. 3243.). '
Samples of butter from the shipment herein described having been found to 
contain less than 80 per cent by weight of milk fat, the standard provided by 
Congress, the Secretary of Agriculture reported the matter to the United States 
attorney for the District of Minnesota.
On June 19, 1930, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of fifty-four 32-pound boxes of butter, remaining in the original unbroken 
packages at South St. Paul, Minn., alleging that the article had been shipped by 
the Mayville Creamery Co., from Mayville, N. Dak., on June 3, 1930, and nad 
been transported from the State of North Dakota into the State of Minnesota, 
and charging adulteration and misbranding in violation of the food and drugs 
act. The article was labeled in part: (Carton) "Brookfield Pasteurized 
Creamery Butter, 1 Lb. Net Weight Distributed by ,Swift & Company * * * 
Chicago."
It was alleged in the libel that the article was adulterated in that a sub- 
stance deficient in butterfat had been mixed and' packed with it so as to reduce 
or lower or injuriously affect its quality or strength, and had been substituted 
wholly or in part for the said article.
It was further alleged in the libel that the article was adulterated (mis- 
branded) in violation of section 8 of the act, paragraph 1, under food, in that 
it was offered for sale under the distinctive name of another article.
On June 30, 1930, Swift & Co., St. Paul, Minn., having appeared as claimant 
for the property and having consented to the entry of a decree of forfeiture and 
condemnation, judgment was entered ordering that the product be released to 
the said claimant upon payment of costs and the execution of a bond in the 
sum of $600, conditioned in part that it be reworked under the supervision of 
this department and should not be sold or otherwise disposed of contrary to the 
Federal food and drugs act, and other existing laws.
ARTHUR M. HYDE, Secretary of Agriculture.