22716. Adulteration   and misbranding of  butter.     U.   S.  v.   Pend   Orville
Creamery Co.'' Plea of guilty.    Fine, $500 and costs.     (F. & D. no.
32087.    Sample no. 48731-A.)
This case was based on a shipment of butter that contained less than 80 
percent of milk fat.
On June 21, 1934, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Pend Marseille Creamery Co., a corporation, Plains, 
Mont., alleging shipment by said company in violation of the Food and Drugs 
Act, on or about July 8, 1933, from the State of Montana into the State of 
Washington, of a quantity of butter which was adulterated and misbranded. 
The article was labeled in part: " Evergreen * * * Fancy Creamery 
Butter Put Up For Becwar Produce Co., Spokane, Wash."
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 should contain not less than 80 percent by 
weight of milk fat as prescribed by the act of Congress of March 4, 1923, which 
the article purported to be.
Misbranding was alleged for the reason that the statement " Butter ", borne 
on the label, was false and misleading, and for the further reason that the 
article was labeled so as to deceive and mislead the purchaser, since it was 
not butter, in that it contained less than 80 percent by weight of milk fat, the 
standard for butter established by law.
On July 16, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $500 and costs.
M. L. WILSON, Acting Secretary of Agriculture.