21392. Adulteration of  batter.     U.   S.  v.  18  Tabs  and  10  Tabs  of Batter.
Consent decrees of condemnation and forfeiture. Product re- 
leased nnder bond. (F. & D. nos. 30986, 31103. Sample nos. 40310-A, 
40338-A.)
These cases involved shipments 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 or about August 7, 1933, and August 23, 1933, the United States attorney 
for the Northern District of Illinois, acting upon reports by the Secretary of 
Agriculture, filed in the district court libels praying seizure and condemnation 
of 28 tubs of butter at Chicago, Ill., alleging that the article had been shipped 
in interstate commerce, in part on or about July 26, 1933, and in part on or 
about August 9, 1933, by Durant Ice Cream & Creamery Co., from Durant, 
Okla., and charging adulteration in violation of the Food and Drugs Act.
It was alleged in the libels 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 and September 20, 1933, the Peter Fox Sons Co., Chicago, Ill., 
claimant, having admitted the allegations of the libel and consented to the entry 
of decrees, judgments of condemnation and forfeiture were 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 good and sufficient bonds, conditioned in part 
that it be reworked under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.