20683. Adulteration of butter.    U. S. v. 32 Tubs of Butter.     Consent decree
of  condemnation   and   forfeiture.    Product  released  under   bond 
to be reworked.    (F. & D. no. 29817.    Sample no. 20645-A.)
This case involved an interstate shipment of butter, samples of which con- 
tained less than 80 percent by weight of milk fat, the standard for butter pre- 
scribed by Congress.
On January 9, 1933, 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 32 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 December 24, 1932, by the Harding Cream 
Co., of Omaha, Nebr., as agent for Jo Mar Dairies, of Pratt, Kans., from.
Kansas City, Mo., to New York, N. Y., and charging adulteration in violation 
of the Food and Drugs Act.
It was alleged in the libel that the article was adulterated in that a prod- 
uct 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 the act of March 4, 1923.
Alex Grossman & Co., Inc., New York, N. Y., filed a claim for the property 
as agent for the Jo Mar Dairies Co., Junction City, Kans., admitted the alle- 
gations of the libel, and consented to the entry of a decree. On January 13, 
1933, 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 $800, conditioned 
that it be reworked to comply with the law.
R. G. TCTGWELL, Acting Secretary of Agriculture.