30068. Adulteration of butter. U. s. v. Seven Tubs of Butter. Consent decree
of condemnation. Product released under bond to be rewo1:ked. (F. &
D. No. 43047. Sample Nos. 35319-D, 35322-D.)
This product contained less than 80 percent of milk fat.
On July 1, 1938, the United States attorney for the District of Massachuseth;,
acting upon a report by the Secretary of Agriculture, filed in the district
court a libel praying seizure and condemnation of seven tubs of butter at Boston,
Mass., consigned on or about June 8, 1938; alleging that the article had been
shipped in interstate commerce by Beatrice Creamery Co. from Sioux Falls,
S. ,Dak.; 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 by weight of milk fat.
On August 5, 1938, Beatrice Cret1mery Co., 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 reworked so that it contain
at least 80 percent of milk fat.