22381. Adulteration of   butter.     U.   S.   v.   Henry   Gerhard   (Gray   County
Creamery).    Plea of guilty.    Fine, $50.     (F. & D. no. 30273.    Sample 
nos.  32009-A,  32010-A.)
This case involved butter that contained less than 80 percent of milk fat.
On January 23, 1934, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Henry Gerhard, trading as the Gray 
County Creamery, Pampa, Tex., alleging shipment by said defendant, on or
about April 3, 1933, from the State of Texas into the State of New York, of 
quantities of butter that was adulterated. A portion of the article was labeled 
in part: " Jos. J. Herold Co., New York." The remainder was labeled in part: 
" F. F. Lowenfels & Son New York."
It was alleged in the information that the article was adulterated in that a 
product deficient in milk fat, since it contained less than 80 percent by weight 
of milk fat had been substituted for butter, a product which must contain not 
less than 80 percent by weight of milk fat as defined and required by the act 
of Congress of March 4, 1923, which the article purported to be.
On May 22, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $50.
M. L. WILSON, Acting Secretary of Agriculture.