19279. Adulteration and Misbranding of butter.    U. S. v. 13 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be reworked. (F. & D. No. 27883. I. S. No. 
27263.    S. No. 5490.)
Samples of butter from the shipment herein described having been found to 
contain less than 80 per cent of milk fat, the standard prescribed by Congress, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Northern District of Illinois.
On November 17, 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 13 tubs of butter, remaining in the original unbroken packages at 
Chicago, Ill., alleging that the article had been shipped by Swift & Co., from 
Marshall, Minn., November 3, 1931, and had been transported from the State of 
Minnesota into the State of Illinois, 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 substance 
deficient in butterfat had been mixed and packed therewith so as to reduce and 
lower and injuriously affect its quality and strength, and had been substituted 
in part for the said article. Adulteration was alleged for the further reason 
that the article was deficient in butterfat, since it contained less than 80 per 
cent of butterfat.
Misbranding was alleged for the reason that the article was sold and shipped 
as butter, which was false and misleading, since it contained less than 80 per 
cent of milk fat.
On December 7, 1931, Swift & Co., Chicago, Ill., claimant, having admitted 
the allegations of the libel and consented to the entry of a decree, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be released to said claimant for reworking, under the supervision 
of this department, upon payment of costs and the execution of a bond in the 
sum of $1,000, conditioned in part that it should not be sold or disposed of 
contrary to the provisions of the food and drugs act, or the laws of any State, 
Territory, district, or insular possession.
ARTHUR M. HYDE, Secretary of Affriculture.