19890. Adulteration of butter. U. S. v. 3 Cubes of Butter. Product re- 
leased under bond to be reconditioned. (F. & D. No. 28284. I. S. 
No. 46581.    S. No. 6128.)
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 standard 
prescribed by Congress, the Secretary of Agriculture reported the matter to the 
United States attorney for the Southern District of California.
On March 23, 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 three tubs of butter, remaining in the original unbroken packages 
at Los Angeles, Calif., alleging that the article had been shipped in interstate 
commerce, on or about March 19, 1932, by the B A C Dairy, from Cedar City, 
Utah, to Los Angeles, Calif., and charging adulteration in violation of the 
food and drugs act. The article was labeled in part: " From B A C Dairy 
Cedar City, Utah."
It was alleged in the libel that the article was adulterated in that a product / 
containing less than 80 per cent of milk fat had been substituted wholly or in ' 
part for butter.
Joseph Thorup, Los Angeles, Calif., entered an appearance and claim, ad- 
mitted the allegations of the libel, and prayed release of the product upon the
filing of an undertaking that claimant would not dispose of the butter in 
violation of the Federal food and drugs act, and would pay costs of the pro- 
ceedings and of the reconditioning of the product under the supervision of this 
department. On March 23, 1932, the claimant having deposited cash bond in the 
sum of $50, the court ordered the butter released for reconditioning in accord- 
ance with the conditions of the bond.
HENRY A.  WALLACE,  Secretary of Agriculture.