21971. Adulteration   and misbranding of   butter.      IT.   S.   v.   30   Cases   of
Butter. Decree of condemnation and forfeiture. Product re- 
leased under bond to be I eworked. (F. & D. no. 31957. Sample nos. 
58201-A, 58202-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 January 23, 1934, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 30 cases of butter 
at Haverhill, Mass., alleging that the article had been shipped in interstate 
commerce by the Davis-Cleaver Produce Co., from Quincy, Ill., having been 
consigned on or about January 10, 1934, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act.
It was alleged in the libel that the article was adulterated in that a product 
deficient in milk fat had been subsituted for butter, a product which should 
contain not less than 80 percent of milk fat as required by the act of March 
4, 1923.
Misbranding was alleged for the reason that the article was an imitation 
of and was offered for sale under the distinctive name of another article, 
" Butter."
On February 5, 1934, the Davis-Cleaver Produce Co., claimant, having 
admitted the allegations of the libel and having paid the costs of the pro- 
ceedings and deposited cash collateral in the sum of $175 to insure compliance 
with the orders of the court, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be released to the 
claimant and that it be reworked under the supervision of this Department so 
that it would contain at least 80 percent of butterfat.
M. L.. WILSON, Acting Secretary of Agriculture.