21264. Adulteration and Misbranding of butter.    V. S. v. 83 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be reworked. (F. & D. no. 30933. Sample no. 
40623-A.)
This case involved a shipment of butter, samples of which were found to con- 
tain less than 80 percent by weight of milk fat, the standard for butter estab- 
lished by Congress.
On June 16, 1933, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 83 tubs of butter at 
Chicago, Ill., alleging that the article had been shipped in interstate commerce 
on or about June 5, 1933, by the Union City Dairy Co., from Paducah, Ky., 
and charging adulteration and misbranding 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 for by act of March 4, 1923.
Misbranding of the article was alleged for the reason that it was food in 
package form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package.
On June 20, 1933, the Peter Fox Sons Co., Chicago, Ill., 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 payment 
of costs and the execution of a bond in the sum of $1,000, conditioned in part 
that it be reworked under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.