20306. Adulteration of   butter.    U.S.  v.   19   Cartons   of  Butter.   Decree   of
condemnation    and    forfeiture.    Product    released    under    bond.
(F. & D. no. 28907. Sample no. 20332-A.)
This action involved the interstate shipment of a quantity of butter, sam- 
ples of which were found to contain less than 80 percent by weight of milk 
fat, the standard for butter prescribed by Congress.
On September 1, 1932, the United States attorney for the Eastern District 
of Pennsylvania, 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 19 cartons of butter, remaining in the 
original unbroken packages at Philadelphia, Pa., alleging that the article had 
been shipped in interstate commerce, on or about August 25, 1932, by the 
Sugar Creek Creamery Co., from Pana, Ill., to Philadelphia, Pa., and charg- 
ing adulteration in violation of the Food and Drugs Act. The article was 
labeled in part:  "Jersey Lily Brand Creamery Butter."
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 per- 
cent of milk fat.
On October 13, 1932, the Sugar Creek Creamery Co., Pana, Ill., having 
appeared as claimant for the property, judgment of condemnation and for* 
feiture was entered, and it was ordered by the court that the product be 
released to the said claimant for reconditioning, upon payment of costs and 
the execution of a bond in the sum of $250, conditioned in part that it should 
not be sold or disposed of contrary to the law, State and Federal.
R. G. Stilwell, Acting Secretary of Agriculture,