20191. Adulteration of butter.    U.S. v. 3 Tubs of Butter.    Default decree of
condemnation and forfeiture. Product delivered to a charitable 
institution.    (F. & D. no. 28844.    Sample no. 12261-A.)
This action involved a quantity 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 13, 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 three 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 10, 1932, by Apple River & Beaver 
Creamery Co., Range, Wis., through Amery Cooperative Creamery Association, 
Amery, Wis., 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 aa 
provided by the act of March 4, 1923.
On September 23, 1932, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered and it was ordered by the 
court that the product be delivered to a charitable institution for consumption 
and not for sale.
R. G. TTJGWEIX, Acting Secretary of Agriculture.