20138. Adulteration of butter. U.S. v. 26 Tubs of Butter. Consent decree 
of condemnation  and  forfeiture.     Product   released  under  bond.
(F. & D. No. 28699.    Sample No. 12006-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 for butter 
prescribed by Congress.
On August 2, 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 26 tubs of butter, remaining in the original un- 
broken packages at New York, N.Y., alleging that the article had been 
shipped in interstate commerce by the Earl Creamery, Earl, Wis., through 
Northwest Dairy Forwarding Co. Duluth, Minn., on or about July 23, 1932, 
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 percent by weight of milk fat had been substituted for 
butter, a product which should contain not less than 80 percent of milk 
fat as provided by the act of March 4, 1923.
William G. HoUrock, New York, N.Y., interposed a claim admitting the 
allegations of the libel and consenting to the entry of a decree, and agreed 
that the product be reconditioned so that it contain at least 80 percent by 
weight of butterfat. On August 15, 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 $700, conditioned in part that it be reworked so that it 
comply with the Federal Food and Drugs Act and all other laws.
It.  G. TUGWELL, Acting Secretary of Agriculture.