5149. Adulteration of batter.   U. S. v. 12 Boxes and 30 Boxes of Butter.   Default 
'   decree of condemnation with respect to 1 lot and the product ordered
delivered to fat salvage unit. All but 2 boxes of remaining: lot deliv- 
ered to fat salvage unit, subsequently the remaining; 2 boxes condemned 
and ordered destroyed. (F. D. C; Nos. 8446, 8447. Sample Nos. 15370-F to 
15372-F, incl.)
This product-contained insect parts, rodent hair, plant fibers and nondescript 
dirt.
On August 29, 1942, the United States attorney for, the District of Nevada 
filed libels against 42 boxes of butter, each containing 30 individual 1-pound 
prints, at Las Vegas, Nev., alleging that the article had been shipped in inter- 
state commerce on or about August 20, 1942, by the Nelson-Ricks Creamery Co. 
from Salt Lake City, Utah; and charging that it was adulterated in that it 
consisted in whole or in part of a filthy substance, and in that it had been 
prepared under insanitary conditions whereby it may have become contaminated 
with filth. The article was labeled in part: "Banquet Better Butter * * * 
Banquet Better Foods, General Offices, Salt Lake City, Utah," or "Table Queen 
Creamery Butter."
On November 4, 1942, no claimant having appeared in the first action, judg- 
ment of condemnation was entered and the product that was seized was ordered 
delivered to the local fat salvage unit. On April 9, 1943, the 30 boxes, of butter 
involved in the remaining action having become moldy and rancid, the claimant, 
the Nelson-Ricks Creamery Co., and the United States attorney entered into" a 
stipulation providing for the delivery of all but 2 boxes to the fat salvage unit. 
On June 14, 1943, the claim and answer of the Nelson-Ricks Creamery Co. having 
been withdrawn, a judgment of condemnation was entered and the remaining 2 
boxes were ordered-destroyed.