5470. Adulteration and misbranding of butter;   U. S. v. Rising Sun Creamery, Inc.
Plea of guilty. Fine, $50. (F. D. C. No. 9681. Sample Nos. 31720-F, 
31895-F, 31897-F, 48013-F.)
A portion of this product was short weight and a part was deficient in milk fat.
On August 24, 1943, the United States attorney for the Southern District of 
Indiana filed an information against the Rising Sun Creamery, Inc., Rising Sun, 
Ind., alleging shipment on or about November 20, 1942, and February 24, and 26 
and April 21,1943, from the State of Indiana into the State of Ohio of quantities 
of butter, a' portion of which was adulterated and the remainder of which was 
misbranded. It was labeled in part: (Wrappers) "8 Oz. Net Indiana Ideal 
*   *   *   Creamery Butter," or "Cottage Butter   *   *   *    % Lb. Net Weight."
The shipments of "Cottage Butter" on February 26 and April 21, 1943, were 
alleged to be adulterated in that a valuable constituent, milk fat, had been in 
whole or in part omitted therefrom, and in that a product which contained less 
than 80 percent by weight of milk fat had been substituted for butter.
The shipments of "Creamery Butter" and "Cottage Butter" on November 20, 
1942, and February 24, 1943, respectively, were alleged to be misbranded (1) in
that the statements "8 Oz. Net" or "% Lb. Net Weight," appearing on the 
wrappers enclosing the prints of butter, were false and misleading since the 
prints contained less than the amount declared; and (2) in that they were in 
package form and the label on the wrappers failed to bear an accurate state- 
ment of the quantity of the contents in terms of weight.
On September 18, 1943, the defendant having entered a plea of guilty, the 
court imposed a fine of $50.