25659. Adulteration and misbranding of butter.     U. S. -v. 15 Cartons of Butter.
Default decree of condemnation and forfeiture providlngr for sale for 
rendering: purposes.     (F. & D. no. 36295.    Sample no. 31052-B.)
This product contained less than 80 percent by weight of milk fat, but was 
sold as and for butter.
On August 10, 1935, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 15 cartons of 
butter at Scranton, Pa., alleging that the article had been shipped in interstate 
commerce, on or about July 3, 1935, by the Borden Produce Co., Inc., Kansas 
City, Mo., therefrom to Scranton, Pa., and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act. The article was labeled in part: 
(Package) "Farmfield Solids" ; (tag) "Cold Stg. PA.-237 Rec Jul 8 1935 8108" 5 
(retail carton) ''One Pound Net Weight Farmfield * * * Fine Creamery 
Butter"; (parchment paper wrapped about butter) "Farmfield Fine Creamery 
Butter One Pound Net."
Adulteration of the product was charged under the allegation that a product 
containing less than 80 percent by weight of milk fat had been substituted for 
butter.
Misbranding of the article was charged under the allegation that the label 
bore the statement, to wit, "butter"; that the article contained less than 80 per- 
cent by weight of milk fat; and that the aforesaid statement was false and mis- 
leading.
On January 16, 1936, no claimant having appeared, a default decree of con- 
demnation and forfeiture was entered, providing for sale at public auction for 
rendering purposes.
W. R. GEEGQ, Acting Secretary of Agriculture.