21932. Adulteration of butter.    V.  S. v.  6 Cans,  et al.,  of Butter.    Default
decree of condemnation, forfeiture, and destruction. (F. & D. nos. 
31737, 31738, 31739.    Sample nos. 51795-A to 51797-A, Incl.)
This case involved various interstate shipments of butter that was contami- 
nated with filth, insects, rodent, human, and sheep hair, fragments of feathers, 
larvae, and nondescript debris. A portion cc the article contained less than 80 
percent by weight of milk fat, the standard for butter es abliehed by Congress.
On December 18. 1933, the United States attorney for the Southern District 
of New York, acting upon a report by the Secret any of Agriculture, filed in the 
district court a libel praying seizure and condemnation of certain quantities of 
butter at New York, N.Y., charging that the article was adulterated in viola-
tion of the Food and Drugs Act. It was alleged in the libel that 6 unlabeled 
cans of butter had been shipped on or about December 4, 1933, from Abingdon, 
Va., by Payne Produce Co., that 3 tubs of butter had been shipped on or about 
December 4, 1933, from Charlotte, N.C., by M. L. Kiestler, and that 7 cans of 
butter had been shipped on or about December 4, 1933, from Sylvatus, Va., by 
Sylvatus Grocery Co.
The libel charged that the article was adulterated in that it consisted wholly 
or in part of a filthy, decomposed, or putrid animal substance. Adulteration 
was further alleged with respect to 7 cans of the product in that an article 
deficient in butterfat had been substituted wholly or in part for butter, which 
it purported to be.
On January 19, 1934, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.