80693. Adulteration of butter.    IT. S. v. 33 Tubs of Butter.     Consent decree of
condemnation.     Product  ordered released under bond for reworking.
(F. & D. No. 45485.   Sample No. 26869-D.)
This product contained less than 80 percent of milk fat.
On May 29, 1939, 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 33 tubs of butter at 
New York, N. Y.; alleging that the article had been shipped in interstate com- 
merce on or about May 20, 1939, from Chicago, Ill. by Universal Carloading & 
Distributing Co.; and charging adulteration in violation of the Food and Drugs 
Act.   The article was produced by Pierce Farmers' Creamery, Pierce, Nebr.
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 June 16, 1939, Herold Gearon Co., Inc., New York, N. Y., having appeared 
as claimant and having admitted the allegations of the libel, judgment of con- 
demnation was entered and the product was ordered released under bond, con- 
ditioned that the tubs containing butter deficient in milk fat be reworked so 
that it contain not less than 80 percent of milk fat.
HARRY L. BROWN, Acting Secretary of Agriculture.