29206. Adulteration of butter.    U. S. v. 55 Tubs of Butter.     Consent decree of
condemnation.    Product released under bond to be reworked.     (F. & D.
No. 43145.    Sample No. 31409-D.)
This product contained less than 80 percent of milk fat.
On July 5, 1938, 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 55 tubs of butter at Elmira, 
N. Y.; alleging that the article had been shipped in interstate commerce on or 
about June 20, 1938, by the Minnesota Creamery Co., from St. Paul, Minn.; 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 as provided by act of March 4, 
1923.
On July 27, 1938, the Minnesota Creamery Co., claimant, 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.
HARRY L. BROWN, Acting Secretary of Agriculture.