19921. Adulteration of butter.    U. S. v. 28 Tubs of Butter.    Consent decree
of condemnation  and forfeiture.    Product  released under  bond.
(No. 11004-A.    F. & D. No. 28399.)
This action was based on 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 May 31, 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 28 tubs of butter, remaining in the original unbroken pack- 
ages at New York, N. Y., alleging that the article had been shipped in interstate 
commerce on or about May 19, 1932, by the Farmers Creamery & Produce Co., 
Newell, Iowa, 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 it contained 
less than 80 per cent of milk fat, the standard for butter prescribed by the act 
of Congress of March 4, 1923.
Frederick F. Lowenfels & Son, New York, N. Y., interposed a claim for the 
product as agent for the Farmers Creamery.& Produce Co., Newell, Iowa, ad- 
mitted 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 but- 
terfat.   On June 6, 1932, judgment of condemnation and forfeiture was entered, , 
and it was ordered by the court that the product be released to the said claim-' 
ant upon payment of costs and the execution of a bond in the sum of $700, 
conditioned in part that it be reworked so that it comply with the Federal food 
and drugs act and all other laws.
HENEY A. WALLACE, Secretary of Agriculture.