12786. Adulteration and misbranding- of butter.    V. S. v. 13 Tubs of But 
ter. Consent decree of condemnation and forfeiture. Product 
released under bond to be reprocessed.     (F.  & D.  No.   19075.    I.  S.
No.  13989-v.     S.  No.  E-4975.)
On October 7, 1924, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 13 tubs of butter, remaining in the original unbroken 
packages at New York, N. Y., alleging that the article had been shipped by 
the Tilden Produce Co., St. Paul, Minn., on or about September 25, 1924, and' 
transported from the State of Minnesota into the State of New York, and 
charging adulteration and misbranding in violation of the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that a 
substance deficient in butterfat and containing excessive moisture had been 
mixed and packed therewith so as to reduce, lower, or injuriously affect its 
quality or strength and had been substituted in whole or in part for the said 
article. Adulteration was alleged for the further reason that a valuable con- 
stituent of the article, butterfat, had been in whole or in part abstracted.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On October 21, 1924, the Tilden Produce Co., St. Paul, Minn., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $350, in conformity with section 10 of the act, conditioned in part that it 
be reprocessed under the supervision of this department, so that it should con- 
tain at least 80 per cent of butterfat.
HOWABD M. GOKE, Secretary of Agriculture.