20873. Adulteration of butter.    IT. S. v. 34 Tubs of Butter.     Consent decree
of condemnation and forfeiture. Product released under bond 
to be reworked.     (F. & D.   no. 29956.    Sample no. 31524-A.)
This case 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 
established by Congress.
On March 6, 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 a libel praying seizure of 34 tubs of butter
at New York, N.Y., alleging that the article had been shipped in interstate 
commerce into the State of New York, by the Lakota Creamery Co., Dakota, | 
N.Dak., through the Kidney Warehouse Co., Grand Forks, N.Dak.,  on Feb- 
ruary 17, 1933, 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.
On March 15, 1933, S. & W. Waldbaum, Inc., New York, N.Y., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon pay- 
ment of costs and the execution of a bond, conditioned that it be reworked 
so that it contain at least 80 percent of milk fat.
R. G. TUGWWJL, Adtmg Secretary of Agriculture.