22058. Adulteration   and misbranding of   butter.    U.   S.   v.   Delta   Valley
i Creamery   Co.     Plea   of   guilty.     Fine,   ?32.     (F.   &   D.   no.   29513. 
Sample nos. 1092-A, 1093-A, 13613-A.)
This case was based on interstate shipments of print butter that contained 
less than 80 percent of milk fat. The prints were wrapped in parchment 
wrappers that bore no statement of the quantity of the contents.
On May 16, 1933, the United States attorney for the District of Utah, act- 
ing upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Delta Valley Creamery Co., a corporation, Delta, 
Utah, alleging shipment by said company in violation of the Food and Drugs 
Act as amended, in three shipments on or about June 7, June 10 and July 22, 
1932, respectively, of quantities of butter that was adulterated and misbranded. 
Two of the shipments were labeled on the case: " Butter."
It was alleged in the information 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 
by weight of milk fat as prescribed by the act of March 4, 1923, which the 
article purported to be.
Misbranding was alleged with respect to two of the shipments for the reason 
that the statement, " Butter," borne on the cases, was false and misleading, 
and for the further reason that it was labeled so as to deceive and mislead 
the purchaser, since the article was not butter, in that it contained less than 
80 percent by weight of milk fat. Misbranding was alleged with respect to 
all shipments for the reason that the articles was food in package form and 
the quantity of the contents was not plainly and conspicuously marked on the 
outside of the package.
On September 16, 1933, a plea of guilty was entered on behalf of the 
defendant company, and the court imposed a fine of $32.
M. L. WILSON, Acting Secretary of Agriculture.