29944. Adulteration of butter.    TJ. S. v. 18 Tubs of Butter.    Consent decree of
condemnation.   Product released under bond to be reworked.      (F. & D.
No. 44546.    Sample No. 44770-D.)
This product contained less than 80 percent of milk fat.
On December 8, 1938, the United States attorney for the Southern 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 18 tubs of butter 
at New York, N. Y.; alleging that the article had been shipped in interstate 
commerce on or about November 4, 1938, by the Fairview Creamery Co. from 
Houston, Tex.; and charging adulteration in violation of the Food and Drugs 
Act.
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 of milk fat as provided 
by act of March 4, 1923.
On December 21, 1938, Carl Ahlers, Inc., New York, N. Y., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered 
and the product was ordered released under bond conditioned that it be re- 
worked so that it contain at least 80 percent of milk fat.
HARRY L; BROWN, Acting Secretary of Agriculture.