20098. Adulteration of butter.    U.S. v. 81 Tubs of Butter.    Decree of con¬
demnation and forfeiture.     Product  released  under  bond.     (F.  &
D. No. 28622.    Sample No. 9437-A.)
This case involved a shipment of butter, samples of which were found to 
contain less than 80 percent by weight of milk fat, the standard prescribed 
by Congress.
On July 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 81 tubs of butter, remaining in the original 
unbroken packages at Boston, Mass., consigned about July 24, 1932, alleging 
that the article had been shipped in interstate commerce by the Mandan 
Creamery & Produce Co., from Mandan, N.Dak., to Boston, Mass., 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 percent by weight of milk fat had been substituted for 
butter, which the article purported to be.
On September 12,1932, the Mandan Creamery & Produce Co., Mandan, N.Dak., 
having appeared as claimant for the property and having admitted the allega- 
tions of the libel, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be delivered to the said claimant, 
to be reworked under the supervision of this Department so that it contain 
at least 80 percent of butterfat, upon payment of costs and the execution of a 
bond in the sum of $1,200, conditioned that it should not be sold or disposed of 
contrary to the provisions of the the Federal Food and Drugs Act and all 
other laws.
R. G. TUGWELL, Acting Secretary of Agriculture.