20176. Adulteration of butter.    U.S. v. 43 Cubes, et al., of Butter.    Decrees
of condemnation and forfeiture.    Product released under bond.
(F. & D. nos. 29073, 29074.   Sample nos. 14501-A, 14504-A, 25102-A.)
These actions involved the interstate shipment of quantities 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 September 7 and September 20, 1932, the United States attorney for the 
Northern District of California, acting upon reports by the Secretary of Agri- 
culture, filed in the District Court of the United States for the district aforesaid 
libels praying seizure and condemnation of 68 cubes of butter, remaining in 
the original unbroken packages in part at Oakland, Calif., and in part at San 
Francisco, Calif., consigned by the Wilcox Produce, Inc., Portland, Oreg. It 
was alleged in the libels that the article had been shipped in interstate com- 
merce from Portland, Oreg., the former lot on or about August 25, 1932, and the 
latter on or about September 10, 1932, and that it was adulterated in violation 
of the Food and Drugs Act.
Adulteration of the article was alleged in the libels for the reason that a 
product containing less than 80 percent by weight of milk fat had been substi- 
tuted for butter, a product which should contain not less than 80 percent of 
milk fat as provided by the act of March 4, 1923.
On September 17 and September 29, 1932, the Wilcox Produce, Inc., Portland, 
Oreg., having appeared as claimant for the property, judgment of condemna- 
tion and forfeiture was entered, and it was ordered by the court that the prod- 
uct be released to the said claimant upon the execution of bonds totaling $1,150, 
conditioned that it be made to conform to the provisions of the Federal Food 
and Drugs Act, under the supervision of this Department. It was further 
ordered that claimant pay costs of the proceedings.
It. G. TUGWELL, Acting Secretary of Agriculture.