19309. Adulteration of butter.    V. S. v. 233 Tubs of Butter.    Consent decree
of  condemnation  and  forfeiture.     Product  released  under  bond.
(F. & D. No. 27851.    I. S. No. 42702.    S. No. 5573.)
Samples of butter from the shipment herein described having been found to 
contain less than 80 per cent by weight of milk fat, the standard provided by 
Congress, the Secretary of Agriculture reported the matter to the United States 
attorney for the Southern District of New York.
On December 10, 1931, 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 233 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by E. M. Falker 
(Inc.), Chicago, Ill., on or about November 30, 1931, and had been transported 
from the State of Illinois into the State of New York, and charging adulteration 
in violation of the food and drugs act.
It was alleged in the libel 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 as 
provided by the act of March 4, 1923.
The Fox River Butter Co. (Inc.), New York, N. Y., interposed a claim as 
agent for the owner, Gustafson Bros., Burlington, Iowa, and admitted the alle- 
gations of the libel, consented to the entry of a decree, and agreed that the 
product be reconditioned so that it contain at least 80 per cent of butterfat. On 
December 24, 1931, 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 costs and the execution of a bond in the sum of $6,000, condi- 
tioned in part that it be reworked so that it comply with the requirements of 
the Federal food and drugs act, and all laws, Federal and State.
ABTHUB M. HYDE, Secretary of Agriculture.