3266. Adulteration and misbranding of  Cheddar cheese.     U.  S.  v. 40 Boxes of
Cheddar Cheese. Consent decree of condemnation. Product ordered 
released under bond to he reconditioned. (F. D. C. No. 6604. Sample No. 
76604-E.)
This product fell below the standard of identity for Cheddar cheese because it 
contained more than 39 percent of moisture. 
%¦
On December 26, 1941, the United States attorney for the Northern District of 
Iowa filed a-libel against 40. boxes each .containing 4 longhorns of cheese at 
Sioux City, Iowa, alleging that the article had been shipped in interstate com- 
merce on or about November 10,17, and 24, and December 1, 1941, by Sunny Side 
State Cheese Co. [Sunny State Cheese Co.]from Mitchell, S. Dak.; and charging 
that it was adulterated and misbranded. It was labeled in part: (Stamped on 
each longhorn) "Countryside Fancy Cheddar Full Cream Cheese."
The article was alleged to be adulterated in that a substance, water, had been 
substituted wholly or in part therefor.
It was alleged to be misbranded in that it purported to be a food for which a 
definition and standard of identity had been prescribed by regulations as pro- 
vided by law, but it did not conform to such definition and standard since it 
contained more than 39 percent moisture, namely, an average of 41.24 percent.
On January 16, 1942, Sunny State Cheese Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond to be reprocessed under the supervision of the 
Food and Drug Administration so as to comply with the law.