20719.  Adulteration  and  Misbranding of butter.     U.  S. v. Albert Mitchell 
(Aneta    Creamery   &   Produce    Co.).   Plea    of   guilty.   Fine,   $25.
(F. & D. no. 28152.    I. S. nos. 41026, 44920.)
This action was based on the interstate shipment of quantities 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 November 3, 1932, the United States attorney for the District of North 
Dakota, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid an information against 
Albert Mitchell, trading as Aneta Creamery & Produce Co., at Aneta, N.Dak., 
alleging shipment by said defendant in violation of the Food and Drugs Act, on 
or about November 10, 1931, and November 18, 1931, from the State of North 
Dakota into the State of Minnesota, of quantities of butter that was adulterated 
and misbranded. The article was labeled in part: (Carton) " Swift's Premium 
Quality Brookfield Pasteurized Creamery Butter * * * Distributed by 
Swift & Company."
It was alleged in the information that the article was adulterated in that 
a product containing less than 80 percent by weight of milk fat had been sub- 
stituted for butter, a product which must contain not less than 80 percent by 
weight of milk fat, which the article purported to be.
Misbranding was alleged for the reason that the statement "Butter" was 
false and misleading, and for the further reason that the article was labeled 
" Butter ", so as to deceive and mislead the purchaser, since it was not butter, 
but was a product containing less than 80 percent by weight of milk fat.
On January 11, 1933, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $25.
R. G. TUGWELL, Acting Secretary of Agriculture.