25497. Adulteration and misbranding of butter.     U. S. v. 9 Cases and 12 Pounds
of Butter.    Default decree of condemnation and destruction.     (F. & D.
no. 36757.    Sample nos. 29904-B, 29906-B.)
This case involved butter, samples of which were found to contain mold, 
fragments of insects, hair, maggots, and other extraneous matter. The product 
was also deficient in milk fat and was short in weight.
On October 29, 1935, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel (subsequently amended) praying seizure and condemnation 
of 9 cases and 12 pounds of butter at Birmingham, Ala., alleging that the article 
had been shipped in interstate commerce on or about October 7, 1935, by the 
Rosemary Creamery, from Atlanta, Ga., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act as amended. The article was 
labeled in part: (Carton) "Rosemary Pasteurized Process Butter, 1 lb. Net, 
Manufactured by Rosemary Creamery * * * Atlanta, Georgia"; (wrapper) 
"Net Weight Not Less Than 2 ozs. When Packed."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy and decomposed animal substance. Adulteration was alleged for 
the further reason 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 March 4, 1923.
Misbranding was alleged for the reason that the statements, "Butter", "1 lb. 
Net", and "Net Weight Not less than 2 ozs. when packed", were false and mis- 
leading and deceived and misled the purchaser; and for the further reason 
that It was food in package form and the quantity of the contents was not
plainly and conspicuously marked on the outside of the package,  since the 
statement made was not correct.
On December 4, 1935, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.