28573. Adulteration of butter.    U. S. v. 157 Cubes of Butter.    Consent decree of
condemnation.    Product released under bond to be reworked.     (F. & D.
No. 41366.   Sample Nos. 62015-C, 62137-C.)
This product contained less than 80 percent of milk fat.
On December 20, 1937, the United States attorney for the Western District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 157 cubes of 
butter at Buffalo, N. Y., alleging that the article had been shipped in inter- 
state commerce on or about November 23, 1937, by the Fairmont Creamery 
Co., from Devils Lake, N. Dak., and charging adulteration in violation of the 
Food and Drugs Act.
The article 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 which should contain not less than 80 percent of milk fat.
On January 24, 1938, the Fairmont Creamery Co., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment of condemnation was entered, and the product was ordered released 
under bond conditioned that it be reworked under the supervision of this 
Department so as to comply with the law.
W. R. GEEGG, Acting Secretary of Agriculture.