20436. Adulteration   and   Misbranding of   butter.    U.   S.   -v.   110   Boxes   of
Butter. Decree of condemnation and forfeiture. Product re- 
leased under bond to be reworked. (F. & D. no. 29209. Sample no. 
9500-A.)
This action involved 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 October 6, 1932, the United States attorney for the District of Massachu- 
setts, 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 110 boxes of butter, remaining in the original and unbroken 
packages at Springfield, Mass., consigned on or about September 26, 1932. 
alleging that the article had been shipped in interstate commerce by the Mandan 
Creamery Co., from Mandan, N.Dak., to Springfield, Mass., and charging adul- 
teration and misbranding 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 by weight 
of milk fat.
Misbranding was alleged for the reason that the article was an imitation 
of and was offered for sale under the distinctive name of another article, 
«butter."
On November 18, 1932, the Mandan Creamery & Produce Co., Mandan, N.Dak., 
claimant, having admitted the allegations of the libel, judgment of condemna- 
tion and forfeiture was entered, and it was ordered by the court that the product
be delivered to the said claimant upon payment of costs and the execution of a 
bond in the sum of $1,500, conditioned in part that it be reworked under the 
supervision of this Department so that it contain at least 80 percent of 
butterfat.
R. G. TTTGWHLL, Acting Secretary of Agriculture.