23138. Adulteration of battel-. U. S. v. 21 Boxes of Butter. Consent de- 
cree of condemnation. Product released under bond to be re- 
worked.    (F. & D. no. 33484.    Sample no. 7260-B.)
This case involved a shipment of butter, samples of which were found to 
contain less than 80 percent of milk fat.
On August 27, 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 21 boxes of 
butter at New York, N. Y., alleging that the article had been shipped in inter- 
state commerce, on or about August 11, 1934, by the Red 73 Creamery, Inc., 
from Union City, Ind., and charging adulteration in violation of the Food 
and Drugs Act. The article was labeled in part: "Creamery Butter Red 7s 
Creamery Inc., Union City, Indiana."
The article was alleged to be 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 required by the 
act of Congress of March 4, 1923.
On September 12, 1934, Kurtin & Kurtin, New York, N. Y., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation was entered and it was ordered that the 
product be released to the claimant under bond, conditioned that it be re- 
worked so that it contain at least 80 percent of milk fat.
M. L. WILSON, Acting Secretary of Agriculture.