22116. Adulteration of butter.    TT. S. v. 9 Tubs of Butter.    Default decree
of condemnation and forfeiture. Product delivered to charitable 
institution.    (F. & D. no. 31651.    Sample no. 51902-A.)   -
This case involved a shipment of butter which contained less than 80 percent 
of milk fat.
On November 9, 1933, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of nine tubs of butter at 
New York, N.Y., alleging that the article had been shipped in interstate com- 
merce, on or about October 21, 1933, by the Nebraska Cooperative Creamery, 
Inc., from Omaha, Nebr., and charging adulteration in violation of the Food 
and Drugs Act.
It was alleged in the libel 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 March 9,1934, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be delivered to a charitable institution.
M. L. WILSON, Acting Secretary of Agriculture.