20875. Adulteration of .butter. V. S. v. 17 Tubs of Butter. Consent decree 
of condemnation and forfeiture. Product released under bond 
to be reworked.    (F. & D. no. 29960.    Sample no. 31519-A.)
This case involved a shipment 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 March 2, 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 and condemnation of 
17 tubs of butter at New York, N.Y., alleging that the article had been shipped 
by the Creighton Cooperative Creamery Co., Oreighton, Nebr., in care of the 
Nebraska Cooperative Creameries, Inc., Omaha, Nebr., February 14, 1933, and 
had been transported from the State of Nebraska into the State of New York, 
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.
The Nebraska Cooperative Creameries, Inc., Omaha, Nebr., appeared through 
an agent and filed a claim for the product, admitting the allegations of the 
libel and consenting to the entry of a decree. On March 11, 1933, judgment of 
condemnation and forfeiture was entered, the decree providing that the butter 
be released to the claimant under bond conditioned that it be reworked so that 
it contain at least 80 percent of milk fat.
R. G. TUGWEIX, Acting Secretary of Agriculture.