21690. Adulteration of butter.     V. S. v.  28 Tubs and   161  Tubs   of Butter.
Consent decree of condemnation and forfeiture. Product released 
under bond to be reworked. (F. & D. nos. 31201. 31203. Sample 
nos. 40339-A, 40350-A.)
These cases involved interstate 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 September 15 and September 20, 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 189 tubs of butter at Chicago, Ill., alleging that the article had been 
shipped in interstate commerce on or about August 8 and August 18. 1933, by 
the Eureka Creamery Co.. from Eureka, S.Dak.. 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 October 4, 1933, Gallagher Bros., Chicago, Ill., claimant, having admitted 
the allegations of the libels 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 to be reworked under 
the supervision of this department, upon payment of costs and the execution 
of a good and sufficient bond, conditioned that it should not be disposed of 
contrary to the provisions of the Federal Food and Drugs Act and all other 
laws.
M. L. WILSON, Acting Secretary of Agriculture.