25716. Adulteration and misbranding of butter. U. S. v. Edvild L. Dyre (Dixie Creamery). Plea of guilty, imposition of sentence suspended. Defendant placed on probation. (F. & D. no. 36952. Sample no. 45246-B.) This case involved an interstate shipment of butter that was deficient in milk fat and that contained mold, some rodent hairs, and miscellaneous debris. On February 17,1936, the United States attorney for the Southern District oi Florida, acting upon a report by the Secretary of Agriculture, filed in the district 102172°—36 4 court an information against Edvild L. Dyre, trading as Dixie Creamery at Madison, Fla., alleging that on or about August 9, 1935, the defendant had shipped from the State of Florida, into the State of Georgia, a quantity of butter, and that the article was adulterated and misbranded in violation of the Food and Drugs Act. The article was labeled in part: "Southern Gold Creamery Butter * * * Elgin Butter Company Jacksonville, Fla." The article was alleged to be adulterated in that a product deficient in milk fat, in that it contained 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; and in that said article consisted in part of filthy animal substance due to mold and contaminants. The article was alleged to be misbranded in that the statement "Butter", borne on said cartons, was false and misleading, and in that the said article was labeled so as to deceive and mislead the purchaser, since the said statement represented that the article was butter, i. e., a product containing not less than 80 percent of milk fat as defined by law; whereas it was not butter as so defined, but was a product containing less than 80 percent of milk fat. On March 16, 1936, a plea of guilty was entered on behalf of the defendant. Imposition of sentence was suspended and the defendant was placed on proba- tion for a period of 5 years. W. R. GREGG, Acting Secretary of Agriculture.