22854. Adulteration of butter.    U. S. v. 32 Tubs of Butter.     Consent decree
of condemnation and forfeiture.    Product released under bond to 
be reworked.     (F. & D. no. 33225.    Sample no. 6466-B.)
This case involved a shipment of butter which contained less than 80 percent 
by weight of milk fat.
On July 13, 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 32 tubs of butter at 
New York, N. Y., alleging that the article had been shipped in interstate com- 
merce on or about July 5, 1934, by the Nebraska Cooperative Creameries Co., 
from Omaha, Nebr., for the Gordon Cooperative Creameries Co., Gordon, 
Nebr., in pool car consigned to New York, N. Y., 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 should contain not less than 80 percent of milk fat as 
provided by the act of Congress of March 4, 1923.
On July 18, 1934, the Gordon Cooperative Creamery Co., Gordon, Nebr., claim- 
ant, 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 $600, conditioned 
that it be reworked so that it contain at least 80 percent of milk fat.
M. L. WILSON, Acting Secretary of Agriculture.