19849. Adulteration of butter.    TJ. S. v. 24 Tubs of Butter.     Consent decree
of  condemnation  and  forfeiture.    Product  released  under bond,
(10351-A.    P. & D. No. 28287.)
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 prescribed by Congress.
On April 20, 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 praying 
seizure and condemnation of 24 tubs of butter, remaining in the original 
unbroken packages at New York, N. Y., alleging that the article had been 
shipped in interstate commerce on April 7, 1932, by the Briggs Dairy Products 
Co., from Blackwell, Okla., to New York, N. Y., 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 by weight of 
milk fat as provided by the act of March 4, 1923.
Frederick F. Lowenfels & Son, New York, N. Y., interposed a claim for the 
product as agent for the Briggs Dairy Products Co., of Blackwell, Okla., 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 not less than 80 per 
cent of butterfat. On May 2, 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 $600, conditioned in part that it be reworked so that it comply with the 
provisions of the Federal food and drugs act and all other laws, and that it 
should not be disposed of until examined and approved by this department.
HENRY A. WALLACE, Secretary of Agriculture.