4576. Adulteration and misbranding of cheese and Adulteration of butter.    TJ. S.
v. Kyle Creamery Association.    Plea of guilty.    Fine, $500.    (F. D. C.
No. 7673,    Sample Nos. 80064-E to 80067-E, incl., 80074-E.)
Samples of these products were found to contain filth such as rodent hairs, 
larvae skins, fragments of small beetles, particles of aluminum paint, cow hairs, 
feather barbules, rodent pellets, and larvae. Portions of the cheese contained 
less than 50 percent of milk fat. ',..-;
On October 28, 1942, the United States attorney for the Southern District of 
Indiana filed an information against the Kyle Creamery Association, a corpora 
ration, at Aurora, Ind., alleging shipment within the period from1 on or about 
March 30 to April 20, 1942, from the State of Indiana into the State of Ohio 
of quantities of cheese that was adulterated and misbranded and of butter 
that was adulterated. The cheese was labeled in part: "Whole Milk Cheese." 
The butter was labeled in part: (Wrapper) "Creamery Butter J. T. Ruther & 
Sons   Cincinnati, Ohio   Distributors,"
Both products were alleged to be adulterated in that they consisted in whole 
or in part of filthy substances, aho in that they had been prepared under in- 
sanitary conditions whereby they might have become contaminated with' filth.
'The cheese was alleged to be misbranded in ;that it purported to be Cheddar 
cheese, a food for which a definition and standard of identity had been pre- 
scribed by regulations as provided by law, but it did not conform to said 
definition and standard of identity since its solids contained less than 50 percent 
milk fat.
On January 16, 1943, a plea of guilty having been entered on behalf of the 
defendant, the court imposed a fine of $500.