22564. Adulteration of  butter.     U.   S.   v.  Western  Produce   Co.,  Inc.   (Lub- 
bock Poultry & Egg Co.).    Plea of guilty.    Fine, $50.     (F. & D. no.
29340.    I. S. no. 31665.)
This case was based on an interstate shipment of butter that contained less 
than 80 percent by weight of milk fat.
On August 18, 1933, 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 the Western Produce Co., Inc., trading 
under the name of the Lubbock Poultry & Egg Co. at Lubbock, Tex., alleg- 
ing shipment by said company, in violation of the Food and Drugs Act, on or 
about October 12, 1931, from the State of Texas into the State of New Mexico, 
of a quantity of butter that was adulterated. The article was labeled in part: 
" Finest Creamery Butter   *    *    *    Packed for Safeway Stores, Incorporated."
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 sub- 
stituted for butter, a product which must contain not less than 80 percent 
by weight of milk fat as required by the act of Congress of March 4, 1923, 
which the article purported to be.
On June 20, 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.