22823. Adulteration of butter.    U. S. v. 15 Tubs of Butter.    Consent decree
of  condemnation  and  forfeiture.    Product  released  under  bond.
(F. & D. no. 32945.    Sample no. 7972-A.)
This case involved a shipment of butter which contained less than 80 percent 
of milk fat.
On June 16, 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 15 tubs of butter at 
New York, N. Y., alleging that the article had been shipped in interstate com- 
merce, on or about June 5, 1934, by the Concordia Creamery Co., from Con- 
cordia, Mo., 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 must contain not less than 80 percent of milk fat 
as provided by the act of Congress of March 4, 1923.
On June 21, 1934, the Concordia Creamery Co., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
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 $300, conditioned that it be reworked so that 
it contain at least 80 percent of milk fat.
M. L. WILSON, Acting Secretary of Agriculture.