20182. Adulteration of butter.    U.S. v. 60 Tubs of Butter.    Consent decree
of condemnation and forfeiture.    Product released under bond to 
be reworked.    (F. & D. no. 28906.   Sample nos. 12361-A, 12362-A, 12363-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 of milk fat, the 
standard prescribed by Congress.
On August 29, 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 60 tubs of butter, remaining in the 
original unbroken packages at New York, N.Y., alleging that the article 
had been shipped in interstate commerce on or about August 19, 1932, by 
David Cole Creamery Co., from Omaha, Nebr., to New York City, 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 act of March 4, 1923.
Courtney
" L. Poole, New York, N.Y., interposed a claim for the property 
as agent for the David Cole Creamery Co., Omaha, Nebr., admitted the allega- 
tions of the libel, consented to the entry of a decree, and agreed that the 
product be reconditioned so that it contain at least 80 percent of butterfat. On 
September 1, 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 $1,200, condi- 
tioned in part that it be reworked so that it comply with the Federal Food 
and Drugs Act and all other laws.
R. G. TUGWELL, Acting Secretary of Agriculture.