21701. Adulteration and misbranding of butter. TJ. S. v. 15 Cases of 
Butter. Default decree of destruction. (F. & D. no. 30989. Sample 
no. 42S42-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. The packages containing the article failed to bear a 
statement on the label of the quantity of the contents.
On August 4. 1933. the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 15 cases of butter 
at Kansas City, Mo., alleging that the article had been shipped in interstate-
commerce on or about August 1, 1933, by the R-K Creamery, from Atchison, 
Kans., and charging adulteration and misbranding in violation of the Food 
and Drugs Act as amended.
It was alleged in the libel that the article was adulterated in that it contained 
less than 80 percent by weight of butterfat, the standard for butter established 
by the act of March 4, 1923.
Misbranding was alleged for the reason that the article failed to bear a 
plain and conspicuous statement of the net weight
On September 30, 1933, no claimant having appeared for the property and the 
court having found that the butter had deteriorated and was unfit for human 
consumption, judgment was entered ordering that it be destroyed by the 
United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.