19215. Adulteration of butter.    U. S. v. 300 Tubs, et al., of Butter.    Consent
decrees of condemnation and forfeiture. Product released under 
bond, to be reworked. (F. & D. No. 27116. I. S. Nos. 36429, 36430. 
S. No. 5178.)
Samples of butter from the shipments herein described having been found to 
contain less than 80 per cent by weight of milk fat, the standard prescribed by 
Congress, the Secretary of Agriculture reported the matter to the United States 
attorney for the Southern District of Ohio.
On August 27, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid libels praying seizure and condem- 
nation of 600 tubs of butter, remaining in the original unbroken packages at 
Cincinnati, Ohio, consigned in part on or about July 13, 1931, and in part on 
or about August 8, 1931, alleging that the article had been shipped by the 
Merchants Creamery Co., from Springfield, Mo., and had been transported in 
interstate commerce from the State of Missouri into the State of Ohio, and 
charging adulteration in violation of the food and drugs act as amended.
It was alleged in the libels that the article was adulterated in that a product 
deficient in milk fat had been substituted for butter, which the said article pur- 
ported to be. Adulteration was alleged for the further reason that the article 
contained less than 80 per cent by weight of milk fat as prescribed by the act 
of March 4, 1923.
On October 28, 1931, the Merchants Creamery Co., claimant, having admitted 
the allegations of the libels and having consented to the entry of decrees and 
the court having found that a total of 30 tubs of the product were adulterated, 
judgment was entered condemning and forfeiting the said 30 tubs, and it was 
ordered by the court that they be released for reworking under the supervision 
of this department, upon payment of costs and the execution of bonds totaling 
$1,200, conditioned in part that they should not be sold or disposed of contrary 
to the laws of any State, Territory, district, or insular possession.
ABTHTJB M. HYDE, Secretary of Agriculture.