20002. Adulteration and Misbranding of butter.    U.S. v. 36 Cases of Bnt¬
ter. Consent decree of condemnation and forfeiture Product 
released under bond to be reworked. (F. & D. No. 283*65. Sample 
Nos. 3225-A, 5511-A.)
This action was based on the interstate shipment of a quantity of butter, 
samples of which were found to contain less than 80 percent by weight of 
milk fat, the standard prescribed by Congress.
On May 11, 1932, the United States attorney for the Northern District of 
Illinois, 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 36 cases of butter, remaining in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
in interstate commerce on or about April 26, 1932, by the Barron Cooperative 
Creamery, from Barron, Wis., to Chicago, Ill., and charging adulteration 
and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: (Shipping package) "Butter Dallas Creamery Co Dallas 
Wisconsin."
It was alleged in the libel that the article was adulterated in that a 
\ substance deficient in butterfat had been mixed and packed therewith so 
'as to reduce, lower, and injuriously affect, its quality and strength, and had,
been substituted in part for the said article.   Adulteration was alleged for/ 
the further reason that the article contained less than 80 percent of butterfat.*
Misbranding of the article was alleged for the reason that it had been sold, 
shipped, and labeled as butter, which was false and misleading, since it con- 
tained less than 80 percent of milk fat.
On July 2, 1932, the Dallas Creamery Co., Dallas, Wis., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant for 
reworking under the supervision of this Department, upon payment of costs 
and the execution of a bond in the sum of $500, conditioned in part that it 
should not be sold or disposed of contrary to the provisions of the Federal 
Food and Drugs Act and all other laws.
R. G. TUGWEIX, Acting Secretary of Agriculture.