19997. Adulteration of butter.    U. S. v. 10 Tubs of Butter.    Consent decree
of condemnation and forfeiture.    Product released under bond to 
be reworked.     (No. 11876-A.    F. & D. No. 28488.)
This case involved the 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 
for butter prescribed by Congress.
On July 8, 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 10 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped in interstate com- 
merce on June 27, 1932, by the Gackle Creamery Co., from Gackle, N. Dak., 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 con- 
tained less than 80 per cent of milk fat, the standard provided by the act of 
March 4, 1923.
John M. Reilly, New York, N. Y., interposed a claim for the product as agent 
for the Gackle Creamery Co., Gackle, N. Dak., admitted the allegations of the 
libel, consented to the entry of a decree, and agreed that the product be recon- 
ditioned so that it contain at least 80 per cent of butterfat. On July 11, 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, conditioned in part that it be 
reworked so that it comply with the Federal food and drugs act and all other 
laws.
HENBY A. WALLACE, Secretary of Agriculture.