18704. Adulteration and Misbranding of butter.    U. S. v. 35 Boxes, et al.,
of Butter. Decrees of condemnation and forfeiture. Product 
released under bond. (F. & D. Nos. 26748 to 26752, Incl. I. S. Nos. 
29911, 29912, 30755, 30759, 30768, 30769. S. Nos. 4766, 4767, 4785, 4791, 
4813.)
Samples of tub, print, and country-roll butter from the several shipments 
herein described were found to contain less than 80 per cent by weight of milk 
fat, the standard provided by Congress. Portions of the print butter were 
also found to be short of the declared weight.
On May 28, June 2, June 6, and June 11, 1931, the United States attorney for 
the Eastern District of Pennsylvania, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United States for the district 
aforesaid libels praying seizure and condemnation of 139% cartons or boxes, 
each containing 30 pounds of print butter, 2 boxes, each containing 32 pounds 
of country-roll butter, and 61 tubs of butter, remaining in the original unbroken 
packages at Philadelphia, Pa., consigned by the Sugar Creek Creamery Co., 
alleging that the article had been shipped in part from Pana, Ill., and in part 
from Danville, Ill., in various consignments, on or about May 23, May 25, May 
29, and June 4, 1931, and had been transported from the State of Illinois into 
the State of Pennsylvania, and charging that the article was adulterated and 
that a portion of the print butter was also misbranded, in violation of the food 
and drugs act as amended. The cartons containing a portion of the print 
butter were labeled in part: " Golden Grain Creamery Butter, One 
Pound, * * * Made by Golden Grain Butter Co., Cape Girardeau, Mo." 
The cartons containing the remainder of the print butter were labeled in part: 
" Sugar Creek Butter. Full Weight One Pound. * * * Sugar Creek Cream- 
ery Co. * * * Danville, Ill." The country-roll butter was labeled in part: 
" Sugar Creek Creamery Co., Danville, Illinois."
It was alleged in'lhe libels that the article was adulterated in that a product 
containing less than 80 per cent by weight of milk fat had been substituted 
for butter, a product which should contain not less than 80 per cent of milk fat. 
? Misbranding was alleged with respect to a portion of the Golden Grain print 
butter and the Sugar Creek print butter for the reason that the packages con- 
taining the article bore the following statements, regarding the said article and 
the ingredients and substances contained therein, which were false and mislead- 
ing : " Golden Grain Creamery Butter One Pound Pasteurized Pure and Whole- 
some," and " Sugar Creek Butter, Full Weight One Pound, Eeal Cream Butter, 
Churned from Wholesome Pure Pasteurized Cream Sugar Creek Creamery Co., 
Danville, Ill." Misbranding was alleged with respect to the said portion of 
the Golden Grain print butter and the Sugar Creek print butter for the further 
reason that it was food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package, since the 
statement made was not correct.
On June 19, 1931, the Sugar Creek Creamery Co., Danville, Ill., having ap- 
peared as claimant for the property, judgments of condemnation and forfeiture 
were entered, and it was ordered by the court that the product be released to 
the said claimant upon payment of costs and the execution of a bond in the 
sum of $4,000, conditioned that it should not be sold or disposed of contrary 
to law and that it be reconditioned under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.