20213. Adulteration and Misbranding of butter. U.S. v. 63 Tubs of Butter. 
Consent decree of condemnation and forfeiture. Product re- 
leased under bond for reworking. (F. & D. no. 28956. Sample no. 
4671-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 by weight of milk 
fat, the standard prescribed-by Congress.
On August 25, 1932, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying seiz- 
ure and condemnation of 63 tubs of butter, remaining in the original unbroken 
packages at Chicago, Ill., alleging that the article had been shipped in inter- 
state commerce on or about August 14, 1932, by Rock County Creamery Co., 
from Bassett, Nebr., to Chicago, Ill., and charging adulteration and misbranding 
in violation of the Food and Drugs Act.
It was alleged in the libel 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 of the article was alleged for the reason that it had been sold, 
shipped, and labeled as "butter", which was false and misleading, since it 
contained less than 80 percent of milk fat.
On September 20, 1932, the Peter Fox Sons Co., Chicago, Ill., claimant, 
having admitted the allegations of the libel and having consented to the 
entry of a decree, judgment of condemnation and forfeiture was 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 a bond in the sum of $1,000, 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.