19140. Adulteration of butter.     U. S. v. 14 Tubs, et al., of Butter.     Consent
decree of condemnation and forfeiture.    Product released under 
bond.     (F. & D. No. 27840.    I. S. No. 42708.    S. No. 5664.)
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 28, 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 43 tubs of butter at New York, N. Y., alleging that the article 
had been shipped by the Sardis Creamery, Sardis, Miss., on or about December 
8, 1931, and had been transported from the State of Mississippi 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.
Zenith-Godley Co. (Inc.), agent for Peter Fox Sons Co., Chicago, Ill., inter- 
posed a claim for the product and admitted the allegations of the libel, con- 
sented 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 January 6, 1932, judg- 
ment 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 $1,000, 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.
ARTHTTE M. HYDE, Secretary of Agriculture.