20199. Adulteration and Misbranding of butter.     U.S. v.  121  Tubs, et al.,
of Butter. Consent decrees of condemnation and forfeiture. 
Product released under bond for reworking;. (F. & D. nos. 28902, 
28987.    Sample nos. 4662-A, 4666-A.)
These actions involved the interstate shipments 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 August 18, 1932, the United States attorney for the Northern District of 
Illinois, acting upon reports by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid libels praying seizure and 
condemnation of 202 tubs of butter, remaining in the original unbroken pack- 
ages at Chicago, Ill., alleging that the article had been shipped in interstate 
commerce, in part on or about August 8, 1932, and in part1 on or about August 
15, 1932, by the Emerald Cooperative Creamery Assn., from Emerald, Wis., to 
Chicago, Ill., and charging adulteration and misbranding in violation of the 
Food and Drugs Act.
It was alleged in the libels that the article was adulterated in that a sub- 
stance deficient in butterfat had been mixed and packed therewith so as to 
reduce, lower, and injuriously affect its quality and strength, and had been 
substituted in part for the said article. Adulteration was alleged for the fur- 
ther reason that the article contained less than 80 percent of butterfat.
Misbranding was alleged for the reason that the article had been sold, 
shipped, and labeled as " butter", which was false and misleading, since it 
contained less than 80 percent of milk fat.
On August 25, 1932, the Emerald Cooperative Creamery, Emerald, Wis., 
claimant, having admitted the allegations of the libels and having consented to 
the entry of decrees, judgments of condemnation and forfeiture were entered, 
and it was ordered by the court that the product be released to the said claimant 
for reworking under the supervision of this Department, upon payment of costs 
and the execution of bonds in the total sum of $3,000, conditioned in part that it 
should not be sold or disposed of contrary to the provisions of the Food and 
Drugs Act, or the laws of any State, Territory, District, or insular possession.
R. G. TUGWELL, Acting Secretary of Agriculture.