1723. Adulteration of butter. U. S. v. The Eureka Creamery. Plea of guilty. Fine, $100. (F. D. C. No. 2930. Sample Nos. 34152-E, 34164-E.) On February 20, 1941, the United States attorney for the District of South Dakota filed an information against the Eureka Creamery, a corporation at Eureka, S. Dak., alleging shipment on or about September 17 and 21, 1940, from the State of South Dakota into the State of New York of quantities of butter that was adulterated. The article was labeled in part: "Creamery Butter Distributed by Zimmer and Dunkak Inc. New York, N. Y."

It was alleged to be adulterated in that a valuable constituent, milk fat, had been in part omitted therefrom; and in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On April 7, 1941, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $100.

1724. Adulteration of butter.

of guilty.
33355-E.)

Fine, $45.

U. S. v. North American Creameries, Inc. Plea (F. D. C. No. 2942. Sample Nos. 10309-E, 33352-E,

On June 23, 1941, the United States attorney for the District of Minnesota filed an information against North American Creameries, Inc., Paynesville, Minn., alleging shipment on or about August 23, 1939, and August 19 and 21, 1940, from the State of Minnesota into the State of New York of quantities of butter that was adulterated. The article was labeled in part: "Foremost Sales Co. Inc. New York" or "Breakstone Bros. Distributors New York N. Y."

It was alleged to be adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted therefrom; and in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter. On July 2, 1941, the defendant having entered a plea of guilty, the court imposed a fine of $15 on each of three counts of the information, totaling $45.

1725. Adulteration of butter. U. S. v. Arthur D. Gimer (Renwick Community Creamery). Plea of guilty. Fine, $25 and costs. (F. D. C. No. 4126. Sample No. 31659-E.)

On June 19, 1941, the United States attorney for the Northern District of Iowa filed an information against Arthur D. Gimer, trading as Renwick Community Creamery at Renwick, Iowa, alleging shipment on or about January 11, 1941, from the State of Iowa into the State of Illinois, of a quantity of butter that was adulterated in that a valuable constituent, milk fat, had been in part omitted therefrom, and in that a product containing less than 80 percent by weight of milk fat had been substituted in whole or in part for butter.

On June 19, 1941, the defendant entered a plea of guilty and the court imposed a fine of $25 with costs.

1726. Adulteration of butter. Fine, $30 and costs. 16680-E.)

U. S. v. Spring Valley Butter Co. Plea of guilty. (F. D. C. No. 2940. Sample Nos. 16678-E, 16679-E,

On March 13, 1941, the United States attorney for the Western District of Missouri filed an information against the Spring Valley Butter Co., a corporation, at Kansas City, Mo., alleging shipment on or about August 9 and 12, 1940, from the State of Missouri into the State of Kansas of quantities of butter which was adulterated. The article was labeled in part: "Daisy Maid Brand Country Roll [or "Monogram Creamery"] Butter The Cudahy Packing Co. Distributors." It was alleged to be adulterated in that a valuable constituent, milk fat, had been in part omitted therefrom; and in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On March 21, 1941, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $30 and costs.

1727. Adulteration of butter. U. S. v. 38 Cases of Butter. Consent decree of forfeiture and destruction. (F. D. C. No. 3665. Sample No. 39878-E.) Examination of this product showed that it contained mold.

On January 6, 1941, the United States attorney for the Eastern District of Illinois filed a libel against 38 cases of butter at National Stock Yards, Ill., alleging that the article had been shipped on or about December 31, 1940, in a truck of Armour & Co. from St. Louis, Mo., to Armour & Co., National Stock Yards; and charging that it was adulterated in that it consisted in whole or in part of a filthy, putrid, or decomposed substance. It was labeled in part: "One Pound Net Goldendale Butter Armour Creameries Distributors."

On February 25, 1941, Armour & Co. having admitted that the product was unfit for food purposes and having consented to the entry of a decree, judgment of forfeiture was entered and it was ordered that the product be destroyed under the supervision of the United States marshal by being converted into soap grease.

1728. Adulteration and misbranding of butter. U. S. v. 39 Boxes of Butter. Default decree of condemnation and destruction. (F. D. C. No. 3840. Sample No. 31672-E.) Examination of this product showed that it was contaminated with filth and that it was also short of the declared weight.

On or about February 7, 1941, the United States attorney for the Northern District of Illinois filed a libel against 39 boxes of butter at Chicago, Ill., alleging that the article had been shipped by Wilson & Co. from Schenectady, N. Y., on January 23, 1941; and charging that it was adulterated and misbranded. It was labeled in part: (Wrappers) "One Pound Net Weight Jes-so country roll. * Distributed by Central Markets, Inc. Schenectady, New York.” The article was alleged to be adulterated in that it consisted in whole or in part of a filthy, putrid, or decomposed substance. It was alleged to be misbranded in that the statement "One Pound Net Weight" was incorrect; and in that it was in package form and did not bear a label containing an accurate statement of the quantity of the contents.

On May 14, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

1729. Adulteration and misbranding of butter. U. S. v. 9 Cartons of Butter. Default decree of condemnation and destruction. (F. D. C. No. 4265. Sample No. 24875-E.)

Examination of this product showed that it contained filth and was also deficient in milk fat.

On March 31, 1941, the United States attorney for the Middle District of Pennsylvania filed a libel against 9 cartons of butter at Scranton, Pa., alleging that the article had been shipped in interstate commerce on or about March 15, 1941, by the Merchants Creamery Co. from Cincinnati, Ohio; and charging that it was adulterated and misbranded. It was labeled in part: "Springfield Brand Creamery Butter * * One Pound Net Weight."

*

The article was alleged to be adulterated in that it consisted in whole or in part of a filthy or decomposed animal substance; and in that a product containing less than 80 percent by weight of milk fat had been substituted for butter.

It was alleged to be misbranded in that it was labeled "Butter," which was false and misleading since it contained less than 80 percent of milk fat.

On June 16, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

Nos. 1730 to 1738, inclusive, report the seizure and disposition of butter that contained less than 80 percent of milk fat.

1730. Adulteration of butter. U. S. v. 40 Tubs of Butter. Consent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 4838. Sample No. 62212-E.)

On or about May 16, 1941, the United States attorney for the Northern District of Illinois filed a libel against 40 tubs of butter at Chicago, Ill., alleging that the article had been shipped by Center Milk Products Co. from Maryville, Mo., on or about April 28, 1941; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: "Creamery Butter The Peter Fox Sons Co. Distributors."

On May 19, 1941, the Peter Fox Sons Co., Chicago, Ill., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be reworked so that it contain not less than 80 percent of milk fat.

1731. Adulteration and misbranding of butter. U. S. v. 15 Boxes of Print Butter. Consent decree of condemnation and destruction. (F. D. C. No. 4205. Sample No. 31683-E.)

This product was short weight as well as deficient in milk fat.

On March 3, 1941, the United States attorney for the Northern District of Illinois filed a libel against 15 boxes of print butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about February 16,

1941, by the Clover Cream Dairy Products Co. from Marshfield, Wis. ; and charging that it was adulterated and misbranded. The article was labeled in part: "Creamery Butter Hawthorn Melody Farms Dairy, Highland Park, Illinois."

It was alleged to be adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted therefrom, and in that an article containing less than 80 percent by weight of milk fat had been substituted in whole or in part for butter.

The article was alleged to be misbranded in that its labeling was false and misleading in that the statements "1 pound Net Weight" and "One Pound," borne on the label, were incorrect. It was alleged to be misbranded further in that it did not bear a label containing an accurate statement of the quantity of the contents.

On April 9, 1941, the claimant having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed.

1732. Adulteration of butter.

U. S. v. 7 Tubs of Butter. Decree of condemnation. Product ordered released under bond. (F. D. C. No. 4839. Sample No. 62217-E.)

On or about May 16, 1941, the United States attorney for the Northern District of Illinois filed a libel against 7 tubs of butter at Chicago, Ill., alleging that the article had been shipped by the Eastman Creamery Co. from Eastman, Wis., on May 1, 1941; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part : “Creamery Butter The Peter Fox Sons Co. Distributors * * * Net Weight €4 Lbs."

On May 16, 1941, Peter Fox Sons Co., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration.

1733. Adulteration and misbranding of butter. U. S. v. 50 Cases of Butter. Consent decree of condemnation. Product ordered released under bond

for rechurning. (F. D. C. No. 3657. Sample No. 21783-E.)

On December 12, 1940, the United States attorney for the Territory of Hawaii filed a libel against 50 cases, each containing 60 pounds, of butter at Honolulu, T. H., which had been consigned by the Hawaii Meat Co., alleging that the article had been shipped from San Francisco, Calif., on or about December 6, 1940, arriving at Honolulu on December 11, 1940; and charging that it was adulterated and misbranded. It was labeled in part: (Carton) "Blue Bell Brand Butter Distributed by Argonaut Milk Company * * San Francisco, Calif."

The article was alleged to be adulterated in that it contained less than 80 percent by weight of milk fat. It was alleged to be misbranded in that its label was false and misleading.

On December 12, 1940, the Hawaii Meat Co., Honolulu, T. H., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond with provisions for reshipment to San Francisco for rechurning under the supervision of the Food and Drug Administration.

1734. Adulteration and alleged misbranding of butter. U. S. v. 47 Boxes of Butter. Decree of condemnation. Product ordered released under bond.

(F. D. C. No. 4827. Sample No. 40665-E.)

On May 15, 1941, the United States attorney for the Eastern District of Pennsylvania filed a libel against 47 boxes, each containing 50 pound prints, of butter at Philadelphia, Pa., alleging that the article had been shipped by Pickwick Creamery from Lamoille, Minn., on or about May 6, 1941; and charging that it was adulterated and misbranded.

It was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. It was alleged to be misbranded in that it was labeled "Butter," which labeling was false and misleading since it contained less than 80 percent of milk fat.

On June 3, 1941, Frank Hellerick & Co., Inc., Philadelphia, Pa., having appeared as claimant, judgment was entered finding the product adulterated and ordering its condemnation; and it was ordered further that the product be released under bond conditioned that it be brought into compliance with the law under the supervision of the Food and Drug Administration.

1735. Adulteration and misbranding of butter. U. S. v. 81% Cases of Butter. Consent decree ordering product released under bond to be reconditioned. (F. D. C. No. 4206. Sample No. 52600–E.)

On February 19, 1941, the United States attorney for the District of Idaho filed a libel against 81⁄2 cases of butter at Wallace, Idaho, alleging that the article had been shipped in interstate commerce on or about February 10, 1941, by the Roundup Grocery Co. from Spokane, Wash.; and charging that it was adulterated and misbranded. The article was labeled in part: "United Purity Stores ExtraGrade Creamery Butter."

It was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. It was alleged to be misbranded in that it was labeled "Butter," which was false and misleading since it contained less than 80 percent of milk fat.

On March 14, 1941, Olaf L. Teigen, Spokane, Wash., claimant, having consented to the entry of a decree, judgment was entered ordering that the product be released under bond conditioned that it not be disposed of in violation of the law. 1736. Adulteration and misbranding of butter. U. S. v. 48 Cartons of Butter. Consent decree of condemnation. Product released under bond. (F. D. C. No. 5052. Sample No. 56615–E.) On June 16, 1941, the United States attorney for the District of New Jersey filed a libel against 48 cartons, each containing 60 pounds, of butter at Jersey City, N. J., alleging that the article had been shipped on or about June 3, 1941, by Sebeka Cooperative Creamery, Sebeka, Minn.; and charging that it was adulterated and misbranded. It was labeled in part: "Creamery Butter Great A. & P. Tea Co. New York Distributors."

The article was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. It was alleged to be misbranded in that the statement on the label, "Butter," was false and misleading since it was incorrect.

On June 30, 1941, the Sebeka Cooperative Creamery Association, claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation was entered, and the product was ordered released under bond to be reworked so that it comply with the law.

1737. Adulteration of butter. U. S. v. 33 Tubs of Butter. Consent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 3295. Sample Nos. 31610-E, 31614–E.)

On or about October 17, 1940, the United States attorney for the Northern District of Illinois filed a libel against 33 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about September 28, 1940, by the Spring Valley Dairy from Winterset, Iowa; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter.

On October 26, 1940, L. B. Schreiber & Co., Inc., Chicago, Ill., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that it be reworked under the supervision of the Food and Drug Administration.

1738. Adulteration of butter. U. S. v. 79 Tubs of Butter. Decree of condemnation. Product released under bond. (F. D. C. No. 5051. Sample No. 54119-E.)

On June 21, 1941, the United States attorney for the Eastern District of Pennsylvania filed a libel against 79 tubs of butter at Philadelphia, Pa., alleging that the article had been shipped on or about June 11, 1941, by Universal Carloading & Dist. Co. from Minneapolis, Minn., through Northwest Dairy Forwarding Co., Duluth, Minn.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: "Frank Hellerick Co., Inc."

On June 30, 1941, Frank Hellerick & Co., Inc., Philadelphia, Pa., having appeared as claimant for the property, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be brought into compliance with the law under the supervision of the Food and Drug Administration.

EGGS

Consent

1739. Adulteration of frozen eggs. U. S. v. 948 Cans of Frozen Eggs. decree of condemnation. Product ordered released under bond for salvaging of good portion and destruction of unfit portion. (F. D. C. No. 4053. Sample No. 5160-E.)

This product had been contaminated with filth as the result of a train wreck. When examined, the majority of the cans were without lids, and even the cans which had lids contained considerable foreign material. Particles of coal, dirt, and soot covered the surface of most of the cans examined.

On March 25, 1941, the United States attorney for the Southern District of Ohio filed a libel against 948 cans of eggs at Cincinnati, Ohio, consigned on March 8, 1941, alleging that the article had been shipped in interstate commerce by Bowman & Co. from Carthage, Mo.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance.

On May 5, 1941, the claimant, Standard Brands, Inc., having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond for salvaging the good portion and destruction of the unfit portion.

1740. Adulteraton of frozen whole eggs. U. S. v. 19 and 97 Cans of Eggs. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 3777. Sample Nos. 55765-E, 55766–E.)

Examination of this product showed the presence of decomposed eggs.

On February 8, 1941, the United States attorney for the District of Oregon filed a libel against 116 cans of whole eggs at Portland, Oreg., alleging that the article had been shipped in interstate commerce on or about January 13 and 27, 1941, by the Commercial Creamery Co. from Spokane, Wash.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance.

On March 22, 1941, the Commercial Creamery Co., claimant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond conditioned that it should not be disposed of in violation of the law.

1741. Adulteration of frozen whole eggs.

U. S. v. 73 Cans of Frozen Whole Eggs. Default decree of condemnation and destruction. (F. D. C. No. 4015. Sample No. 46279–E.)

Examination of this product showed the presence of decomposed eggs. On March 19, 1941, the United States attorney for the Eastern District of New York filed a libel against 73 cans of frozen whole eggs at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about December 7, 1940, by Wilson & Co. from Murfreesboro, Tenn.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On May 21, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

1742. Misbranding of frozen egg yolks with sugar. U. S. v. 100 Cans, 80 Cans, and 60 Cans of Frozen Egg Yolks with Sugar. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 3341. Sample Nos. 19258-E, 19259-E, 19260–E.)

The egg yolk in this product did not meet the standard of identity for frozen egg yolks.

On November 6, 1940, the United States attorney for the Western District of Pennsylvania filed a libel against 240 cans of frozen egg yolks with sugar at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce within the period from on or about September 6 to September 26, 1940, by the Frigid Food Products, Inc.; and charging that it was misbranded. It was labeled in part: "Yolks with Approx. 10% Sugar."

The article was alleged to be misbranded in that the word "Yolk" on the label was false and misleading since the yolk ingredient of the product did not meet the standard of identity for frozen egg yolks.

On November 14, 1940, Frigid Food Products, Inc., having petitioned release of the goods and having consented to the entry of a decree, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that it be relabeled under the supervision of the Food and Drug Administration.