24848. Adulteration and misbrandlngr of butter.    U. S. v. Pella Produce Co.,
Inc.    Plea of guilty.    Fine, $40 and costs.    (F. & D. no. 34066.    Sample 
nos. 2001-B, 2002-B, 2217-B, 2222-B, 2223-B.)
This case was based on interstate shipments of butter which contained less 
than 80 percent of milk fat. Samples taken from certain lots were found to 
contain ants, mold, a fly leg, hairs, feather fragments, and miscellaneous dirt
On July 20, 1935, the United States attorney for the Southern District of 
Iowa, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Pella Produce Co. Inc., trading as the Pella 
Creamery at Pella, Iowa, alleging shipment by said company in violation of
58624—36 2
the Food and Drugs Act on or about August 2, August 8, and August 16, 1934, 
from the State of Iowa into the State of Illinois of quantities of butter which ( 
was adulterated and misbranded.   The article was labeled, variously: "Sunlight 
Creamery Butter [or "Sunlight Country Roll Butter" or "Daisy Maid Brand 
Country Roll Butter"] The Cudahy Packing Co. Distributors."
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 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. 
Adulteration was alleged with respect to portions of the article for the further 
reason that it consisted in whole or in part of a filthy animal substance.
Misbranding of the product was alleged for the reason that the statement 
"Butter", borne on the label, was false and misleading, and for the further 
reason that it was labeled so as to deceive and mislead the purchaser, since 
the said statement represented that the article was butter, a product which 
should contain not less than 80 percent by weight of milk fat; whereas it was 
not butter, since it contained less than 80 percent by weight of milk fat.
On September 14, 1935, a plea of guilty was entered on behalf of the defend- 
ant company and the court imposed a fine of $40.
W. R. GEEGG, Acting Secretary of Agriculture.