20706. Adulteration of butter.    U. S. v. 18 Tubs of Butter.    Consent decree
of condemnation and forfeiture. Product released under bond to 
be reworked.    (F. & D. no. 29006.    Sample no. 11021-A.)
This action involved a quantity of butter, samples of which were found to 
contain less than 80 percent by weight of milk fat, the standard for butter 
provided by Congress.
On September 21, 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 18 tubs of butter at New York, N. Y., alleging that 
the article had been shipped in interstate commerce on or about September 10, 
1932, by the Orchard Alfalfa Cooperative Creamery, from Orchard, Nebr., 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 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 the act of March 4, 1923.
Alex Grossman & Co., Inc., interposed a claim for the property as agent for 
the Orchard Alfalfa Cooperative Creamery, of Orchard, Nebr., 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 October 8, 1932, judgment of condemnation 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 $300, conditioned 
that it be reworked so that it comply with the Federal Food and Drugs Act 
and all other laws.
R. G. TUGWELX, Acting Secretary of Agriculture.