29823. Adulteration  and misbranding of  butter.    XT.   S.   v.   Rye   Co-operative
Creamery Association.    Plea of guilty.    Fine, $25.     (F. & D. No. 42590. 
Sample Nos. 27358-D, 27372-D.)
This product was short weight, and a portion was deficient in milk fat.
On October 11, 1938, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Rye Co-operative Creamery Association, Rye, Colo., 
alleging shipment by said company in violation of the Food and Drugs Act as 
amended, on or about June 1 and June 8, 1938, from the State of Colorado into 
the State of New Mexico, of quantities of butter which was adulterated and 
misbranded in violation of the Food and Drugs Act as amended. The article 
was labeled in part: (Carton) "Rye Butter Sweet Cream Butter * * * One 
Pound Net Weight."
A portion of the article was alleged to be adulterated in that a product which 
contained less than 80 percent by weight of milk fat had been substituted for 
butter, a product which should contain not less than 80 percent by weight of 
milk fat, as prescribed by act of March 4, 1923.
The said portion was alleged to be misbranded in that the statement "Butter" 
was false and misleading since the article was not butter as defined by law 
but was a product which contained less than 80 percent of milk fat; both lots 
were alleged to be misbranded in that the statement "One Pound Net Weight," 
on the carton, was false and misleading and was borne on the carton so as to
deceive and mislead the purchaser since the carton contained less than 1 pound 
net of butter. Misbranding was alleged for the further reason that the article 
was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package, since the quantity 
stated was not correct.
On November 21, 1938, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $25.
HARRY L. BROWN, Acting Secretary of Agriculture.