21384. Adulteration of butter.    U. S. v. 35 Tubs of Butter.    Consent decree
of  condemnation  and  forfeiture.     Product  released  under  bond.
(F. & D. no. 30960.    Sample no. 40281-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 
established by Congress.
On July 29, 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 35 tubs of butter 
at Chicago, Ill., alleging that the article had been shipped in interstate com- 
merce on or about July 20, 1933, by the Oxford Cooperative Creamery Co., 
from Oxford, Wis., 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.
On August 7, 1933, C. H. Weaver & Co., Chicago, Ill., claimant, having ad- 
mitted 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 good and sufficient bond, conditioned in part 
that it be reworked under the supervision of this Department.
M. Iť. WILSON, Acting Secretary of Agriculture.