19088. Adulteration of butter. Consent decree of condemnation and for- 
feiture.    Product released under bond.    U. S. v. 10 Tubs of Butter-
(F. & D. No. 27885.    I. S. No. 5383.    S. No. 5873.)
Samples of butter taken from the interstate shipment involved in this action 
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 New York.
On February 19, 1932, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 10 tubs of butter at New York, N. Y., alleging that the article 
had been shipped by the Green Isle Creamery, Green Isle, Minn., through the 
Arlington Creamery Association, Arlington, Minn., on or about February 10,
1932, and had been transported from the State of Minnesota 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 the act of March 4, 1923.
On February 29, 1932, the Fox River Butter Co. (Inc.) New York, N. Y., 
interposed a claim for the property as agent for the owner, the Green Isle 
Farmers Cooperative Creamery (Inc.), Green Isle, Minn., 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 March 5, 1932, judgment of condemnation and forfeiture 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 $300, con- 
ditioned in part that it be reworked, so that it comply with the Federal food 
and drugs act and all other laws.
HENRY A.  WALLACE,  Secretary of Agriculture.