25630. Adulteration of butter.     IT. S. v. 40 Cases and 60 Cases of Butter.     De¬
fault  decree  of  condemnation.     Product   ordered  denatured  and sold.
(F. & D. no. 36768.    Sample nos. 51867-B, 51871-B.)
This case involved an interstate shipment of butter, samples of which were 
found to contain filth.
On November 4, 1935, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 100 cases of butter at 
Buffalo, N. Y., alleging that the article had been shipped in interstate commerce 
on or about October 24, 1935, by Swift- & Co., from Evansville, Ind., and 
charging adulteration in violation of the Food and Drugs Act.   The article was
labeled in part: "Ohio State Brand Creamery Butter    *    *    *   distributed by 
West and Company    *    *    *    Chicago."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy, putrid, or decomposed animal substance.
On December 2, 1935, no claimant having appeared, judgment of condemna- 
tion was entered. On December 23, 1935, the decree was modified to permit 
the United States marshal to sell the product to be denatured under the super- 
vision of this Department,
W. R. GEEGG, Acting Secretary of Agriculture.