20232. Adulteration of butter.    U.S. v. 9 Tubs of Butter.     Consent decree
of condemnation and forfeiture.    Product released under bond.
(F. & D. no. 28845.    Sample no. 12262-A.)
This action involved a shipment 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 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 nine 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 6, 1932, by the Sunburg Cooperative 
Creamery, of Sunburg, Minn., through the Northwest Dairy Forwarding Co., 
Duluth, Minn., to New York, N.Y., and charging adulteration in violation of the 
Food and Drugs Act. 
10"668—33 4
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 law.
Paul R. Dillon interposed a claim for the property as agent for the Sunburg 
Farmers Creamery Association, Sunburg, Minn., admitted the allegations 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 August 
29, 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 $200, conditioned 
that it be reworked so that it comply with the requirements of the Federal 
Food and Drugs Act.
R. G. TTTGWELL, Acting Secretary of Agriculture.