22167. Adulteration of butter.    IT. S. v. 27 Tubs of Butter.    Consent decree
of  condemnation  and   forfeiture.     Product  released   under  bond, 
to be reworked.     (F. & A. no. 32361.    Sample no. 66057-A.)
This case involved a shipment of butter which was low in milk fat. 
On February 2, 1934, 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 27 tubs of butter 
at New York, N.Y., alleging that the article had been shipped in interstate 
commerce, on or about January 24, 1934, by the Elgin Creamery Association, 
Elgin, Nebr., in a pool car shipment from Omaha, Nebr., and charging adultera- 
tion 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 February 9, 1934, the Elgin Creamery Co., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be released to the claimant upon payment of costs and 
the execution of a bond in the sum of $500, or the deposit of collateral in like 
amount, conditioned that it be reworked so that it contain at least 80 percent 
of butterfat.
M. L. WILSON, Acting Secretary of Agriculture.