19138. Adulteration of butter.    U. S. v. 15 Tubs of Butter.    Consent decree
of condemnation and  forfeiture.    Product released under bond.
(F. & D. No. 27663.    I. S. No. 42707.    S. No. 5651.)
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 December 21, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 15 tubs of butter at New York, N. Y., alleging that the 
article had been shipped by the Conger Cooperative Creamery, Conger, Minn., on 
or about December 12, 1931, and had been transported from the State of Minne- 
sota 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.
Gude Bros., Kieffer Co., agent for the Conger Cooperative Creamery 
Association, Conger, Minn., interposed a claim for the product and admitted 
the allegation 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 butter- 
fat. On January 25, 1932, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be delivered 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 so that it comply with the 
law, and that it should not be disposed of until examined and released by 
this department.
AETHXJB M. HTDE, Secretary of Agriculture.