10113. Adulteration of butter.    U. S. v. 214 Tubs and 50 Tubs of Butter.    Con¬
sent decree ordering- portion of produet released; remainder ordered 
condemned and released under bond. (F. D. C. Nos. 17373, 1S309. Sample 
Nos. 5771-H, 7432-H.)
LIBELS FILED :    July 26,1945, Southern District of New York.
ALLEGED SHIPMENT :    On or about July 15 and 18, 1945, by the Clover Creamery
Co., from Radford and Roanoke, Va.
PRODUCT: 214 tubs and 50 tubs, each containing approximately 63 pounds, of 
butter at New York, N. Y. Examination showed that the product contained 
mold.
LABEL IN PART: "Butter Distributed by J. R. Kramer, Inc. * * * New 
York, N. Y."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in 
whole or in part of a filthy, putrid, or decomposed substance; and, Section 402 
(b) (2), (portion) a product containing less than 80 percent by weight of milk 
fat had been substituted for butter.
DISPOSITION : December 26, 1945. The libel proceedings having been consoli- 
dated, and the Clover Creamery Co., claimant, having admitted the allegations 
of the libel, judgment was entered ordering that 98 tubs of butter be released 
to the claimant, and that the remainder be condemned. The condemned goods 
were ordered released under bond, conditioned that 14 tubs which were low in 
fat might be reworked to the proper fat content, but that any part that was 
unfit for human consumption be denatured and disposed of as nonedible grease; 
that 25 tubs might be converted into butter oil; and that the remainder of 127 
tubs be converted into fat for soap making. It was further ordered that the 
Federal Security Agency supervise the disposition of the condemned goods.