19220. Adulteration of butter.    U. S. v. 11 Tubs of Butter.    Consent decree
of   condemnation.     Product   released   under   bond.     (F.   &   D.   No.
27959.    I. S. No. 5388.    S. No. 5980.)
Examination of samples of butter from the shipment herein described having 
shown that the product contained less than 80 per cent by weight of milk fat, 
the standard prescribed by Congress, the Secretary of Agriculture reported the 
matter to the United States attorney for the Southern District of New York.
On March 12, 1932, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 11 tubs of butter at New York, N. Y., alleging that the article had 
been shipped on or about March 3, 1932, by Plainview Farmers Cooperative 
Creamery, from Plainview, Nebr., and had been transported in interstate 
commerce from the State of Nebraska into the State of New York, and charg- 
ing adulteration in violation of the food and drugs act as amended.
It was alleged in the libel that the article was adulterated in that a product 
which contained less than 80 per cent by weight of milk fat had been sub- 
stituted for butter, a product which should contain not less than 80 per cent 
of milk fat as provided by the act of March 4, 1923.
The Plainview Farmers Cooperative Creamery Co., Plainview, Nebr., inter- 
posed a claim for the product and admitted the allegations of the libel, con- 
sented to the entry of a decree, and agreed that the product be reconditioned 
so that it contain at least 80 per cent of milk fat. On March 17, 1932, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be delivered to the said claimant upon payment of costs 
and the execution of a bond in the sum of $300, conditioned in part that it be 
reworked so that it comply with the law, and that it should not be disposed of 
until examined and released by this department.
ABTHUB M. HYDE, Secretary of Agriculture.