27204. Adulteration of butter.    V. S. v. 15 Tubs of Butter.   Decree of condem¬
nation.    Product released under bond to be reworked.     (F.  & D. no.
39290.    Sample no. 20543-C.)
This case involved a shipment of butter that was deficient in milk fat.
On March 15, 1937, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 15 tubs of butter at 
Boston, Mass., alleging that it had been shipped by the Mohican Co., from 
Haverhill, Mass., that it was en route to New York, N. Y., and that it was 
adulterated in violation of the Food and Drugs Act. The consignment was a 
rejected lot which was delivered for shipment on March 11, 1937, by the Mo- 
hican Co., for return to the original shipper. The article was labeled in part: 
"To Zimmer & Dunkak, Duane St., N. Y. * * * The Mohican Co., Haverhill, 
Mass."
It 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 that 
should contain not less than 80 percent by weight of milk fat.
On March 31, 1937, Zimmer & Dunkak, Inc., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under cash bond conditioned that it be re- 
worked so that it contain not less than 80 percent of milk fat.
M. L. "WILSON, Acting Secretary of Agriculture.