19575. Adulteration of buttei-.     IT. S. v. 15 Tubs of Butter.     Consent decree
of  condemnation  and  forfeiture.     Product  released  under  bond.
(F. & D. No. 27836.    I. S. No. 5380.    S. No. 5823.)
Samples of butter taken from the interstate shipment involved in this action 
were found to contain less than 80 per cent by weight of milk fat, the standard 
prescribed by Congress.
On February 1, 1932, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 15 tubs of butter at New York, N. Y., alleging 
that the article had been shipped in interstate commerce by the White City 
Creamery, Mott, N. Dak., through the Northwest Dairy Forwarding Co., Carl- 
ton, Minn., on or about January 23, 1932, and charging adulteration in viola- 
tion 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 the act of March 4, 1923.
The Zenith-Godley Co. (Inc.), New York, N. Y., agent for the White City 
Creamery Co., Mott, N. Dak., owner of the property, interposed a claim and 
admitted the allegations 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 butterfat. On February 5, 1932, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be
released to the said claimant upon payment of costs and the execution of a 
bond in the sum of $400, conditioned in part that it be reworked so that it 
comply with the Federal food and drugs act, and all laws State and Federal.
ABTHUB M. HYDE, Secretary of Agriculture.