19788. Adulteration   and   Misbranding of   butter.    U.   S.   v.   20   Boxes   of
Butter.    Default   decree   of  forfeiture   and   destruction.     (9407—A. 
P. & D. No. 28324.)
This action involved the interstate shipment of a quantity of butter, samples 
of which were found to contain less than 80 per cent by weight of milk fat, 
the standard provided by Congress.
On April 29, 1932, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid, a libel praying 
seizure and condemnation of 20 boxes of butter, remaining in the original and 
unbroken packages at Lowell, Mass., consigned about April 13, 1932, alleging 
that the article had been shipped by the Paul A. Schulze Co., from St. Louis, 
Mo., to Lowell, Mass., and charging adulteration and misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: 
"Clover Springs Select Cream Country Roll Butter. * * * Distributed by 
Paul A. Schulze Co., St. Louis, Mo."
It was alleged in the libel that the article was adulterated in that a product 
which contained 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 by weight 
of milk fat as provided by the act of March 4, 1923, which the said article 
purported to be.
Misbranding was alleged for the reason that the statement " Butter," borne 
on the label, was false and misleading.
On May 24, 1932, no claimant having appeared for the property, judgment 
of forfeiture was entered and it was ordered by the court that the product be 
destroyed by the marshal. The United States marshal'disposed of the butter 
by donating it to a public institution.
HENBT A. WALLACE, Secretary of Agriculture.