19576. Adulteration and Misbranding of butter.    U. S. v. 65 Tubs of Butter.
Decree entered ordering product released under bond to be re- 
worked.     (F. & D. No. 27831.    I. S. No. 48020.    S. No. 5847.)
Samples of butter taken from the shipment involved in this action having 
been found to contain less than 80 per cent by weight of milk fat, the Secre- 
tary of Agriculture reported the matter to the United States attorney for the 
District of Massachusetts.
On February 11, 1932, 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 65 tubs of butter, remaining in the original unbroken packages 
at Somerville, Mass., consigned about February 2, 1932, alleging that the 
article had been shipped in interstate commerce by the Pipestone Produce Co., 
from Pipestone, Minn., to Somerville, Mass., and charging adulteration and 
misbranding 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, which the article purported to be, the act of Congress approved 
March 4, 1932, providing that butter should contain not less than 80 per cent 
by weight of milk fat.
Misbranding was alleged for the reason that the article was labeled butter, 
which was false and misleading, since it contained less than 80 per cent of 
milk fat.
On February 12, 1932, First National Stores (Inc.), Somerville, Mass., hav- 
ing appeared as claimant for the property and having admitted the allega- 
tions of the libel, a decree was entered ordering that the product be released to the 
said claimant upon payment of costs and the deposit of a cash bond in the sum 
of $1,000 as security that the butter would not be sold or otherwise disposed 
of contrary to the provisions of the Federal food and drugs act, and all other 
laws. It was further ordered by the court that the product be reworked so 
that it contain at least 80 per cent of butterfat.
ABTHTJR M. HYDE, Secretary of Agriculture.