20502. Adulteration   and   Misbranding of   butter.    V.   S.   v.   31   Boxes   of
Butter. Decree of condemnation and forfeiture. Product re- 
leased under bond to be reworked. (F. & D. no. 29069. Sample no. 
9497-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 for butter prescribed by Congress.
On September 29, 1932, the United States attorney for the District of 
Massachusetts, 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 31 boxes of butter, remaining in the original and 
unbroken packages at Springfield, Mass., consigned on or about September 19, 
1932, alleging that the article had been shipped in interstate commerce by 
the Dickinson Creamery Co., from Dickinson, N.Dak., to Springfield, Mass., 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 product 
containing less than 80 percent by weight of milk fat had been substituted for 
butter, which the article purported to be.
Misbranding of the article was alleged for the reason that it was an 
imitation of and was offered for sale under the distinctive name of another 
article, "Butter."
On November 18, 1932, the Dickinson Creamery Co., Dickinson, 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 released to the claimant upon payment of costs and the execution 
of a bond in the sum of $400, conditioned that it should not be sold or dis- 
posed of contrary to the provisions of the Federal Food and Drugs Act, and all 
other laws. It was further ordered that the butter be reworked under the 
supervision of this Department so that it contain at least 80 percent of 
butterfat.
R. G. TTXGWELL, Acting Secretary of Agriculture.