De 5307. Adulteration of butter. U. S. v. 13 Cartons (416 pounds) of Butter. fault decree of condemnation. Product ordered disposed of for industrial purposes. (F. D. C. No. 10480. Sample No. 45380-F.) On July 29, 1943, the United States attorney for the Southern District of New York filed a libel against 13 cartons of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about July 16, 1943, by the Davis Cleaver Produce Co. from Quincy, Ill.; and charging that it was adulterated in that it consisted in whole or in part of a filthy, putrid, or decomposed substance. The article was labeled in part: "Bender Goodman Co." On August 20, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a fat rendering and soap manufacturing company for industrial purposes. 5308. Adulteration of butter. U. S. v. 150 Cases of Butter. Consent decree of. condemnation. Product ordered released under bond for reworking to be brought into compliance with the law. (F. D. C. No. 10237. Sample No. 41653-F.) On June 23, 1943, the United States attorney for the Southern District of Ohio filed a libel against 150 cases of butter at Columbus, Ohio, which had been consigned on or about June 10, 1943, alleging that the article had been shipped in interstate commerce on or about June 10, 1943, by Schlosser Bros., Inc., from Indianapolis, Ind.; and charging that it was adulterated in that it consisted in whole or in part of a filthy or decomposed animal substance. The article was labeled in part: "Silverbrook Creamery Butter." On June 30, 1943, Schlosser Bros., Inc., having appeared as claimant and having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond to be brought into compliance with the law, under the supervision of the Food and Drug Administration. 5309. Adulteration of butter. U. S. v. 40 Cartons (2,320 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond for conversion into refined butter oil. (F. D. C. No. 10233. Sample No. 38902-F.) On June 30, 1943, the United States attorney for the Northern District of Illinois filed a libel against 40 cartons of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about June 18, 1943, by the Fort Madison Creamery from Ft. Madison, Iowa; and charging that it was adulterated in that it consisted in whole or in part of a filthy or decomposed animal substance. The article was labeled in part: (Cartons) "Butter Distributed by Beatrice Creamery Co., General Offices, Chicago, Illinois." On August 10, 1943, the Beatrice Creamery Co., claimant, having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for conversion into refined butter oil under the supervision of the Food and Drug Administration. 5310. Adulteration of butter. U. S. v. 68 Cases of Butter. Consent decree of condemnation. Product ordered released under bond for conversion into butter oil. (F. D. C. No. 10156. Sample No. 48044-F.) On or about June 18, 1943, the United States attorney for the Southern District of Ohio filed a libel against 68 cases of butter at Cincinnati, Ohio, which had been consigned on or about June 13, 1943, alleging that the article had been shipped in interstate commerce by Chrispens Truck Line from Chicago, Ill.; and charging that it was adulterated in that it consisted in whole or in part of a filthy or decomposed animal substance. The article was labeled in part: (Retail carton) "Swift's Brookfield Butter. Distributed by Swift & Company * * * Chicago, Ill." On July 15, 1943, Swift and Co., Chicago, Ill., having appeared as claimant and having consented to the entry of a degree, judgment of condemnation was entered and the product was ordered released under bond for conversion into butter oil ander the supervision of the Food and Drug Administration. 5311. Adulteration of butter. U. S. v. 163 Tubs of Butter. Consent decree of condemnation. Product ordered released under bond, conditioned that a portion be reworked and the remainder converted into butter oil. (F. D. C. No. 10478. Sample No. 45133-F.) This product was low in milk fat, and portions contained mold. On August 3, 1943, the United States attorney for the Southern District of New York filed a libel against 163 tubs of butter at New York, N. Y., alleging that the 592694°-44 article had been shipped in interstate commerce on or about July 11, 1943, by the Garst Bros. Dairy, Inc., from Roanoke, Va.; and charging that it was adulterated in that it consisted in whole or in part of a filthy, putrid, or decomposed substance, and 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: "Butter Distributed by J. R. Kramer Inc. * New York, N. Y." On August 21, 1943, Garst Bros. Dairy, Inc., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking a portion (58 tubs) and conversion of the remainder (105 tubs) into refined butter oil under the supervision of the Food and Drug Administration. 5312. Adulteration of butter. U. S. v. 250 Cases of Butter (and 5 additional seizure actions against butter). Decrees of condemnation. Product ordered released under bond, 3 of the lots to be reworked and 3 lots to be converted into butter oil. (F. D. C. Nos. 10228, 10230, 10231, 10288, 10338, 10770. Sample Nos. 3386-F, 35708-F, 41044-F, 41057-F, 46273-F, 46274-F.) Portions of this product contained excessive mold, and the remainder was low in milk fat. Within the period from June 8 to September 2, 1943, the United States attorneys for the Eastern District of Louisiana, the Southern District of West Virginia, the District of Kansas, and the Northern District of Georgia filed libels against 438 cases of butter at New Orleans, La., 37 cases of butter at Charleston, W. Va., 10 cases of butter at Kansas City, Kans., and 8 cases at Atlanta, Ga., alleging that the article had been shipped in interstate commerce within the period from on or about May 21 to August 19, 1943, by the Sugar Creek Creamery Co. (one lot in the name of the Harding Division of the Sugar Creek Creamery Co.) from Russellville, Ark., Louisville, Ky., Kansas City, Mo., and Knoxville, Tenn.; and charging that it was adulterated. The article was labeled in part: "Harding Quality Butter," "Cudahy's Sunlight Creamery Butter," "Sugar Creek Butter," "Country Roll Creamery Butter Pasteurized, Distributers Wilson & Co. Charleston, W. Va.," or "Velva Brand Creamery Butter Packed for H. G. Hill Stores, Inc., New Orleans, La." A portion of the article was alleged to be adulterated in that it consisted in whole or in part of a filthy or decomposed substance. The remainder was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. Between June 14 and October 5, 1943, the Williams Meat Company of Kansas City, Kans., having appeared as claimant for the lot located there, and the Sugar Creek Creamery Co. having appeared as claimant for the remaining lots, judgments of condemnation were entered and the product was ordered released under bond, the lots low in milk fat to be reworked and the remainder to be converted into refined butter oil, under the supervision of the Food and Drug Administration. Nos. 5313 to 5337 (also Nos. 5311 and 5312) report actions involving butter that was deficient in milk fat. 5313. Adulteration of butter. U. S. v. Wells River Creamery. Plea of guilty. Fine, $25. (F. D. C. No. 9651. Sample Nos. 19549-F, 19558-F, 20068-F, 20206-F.) On July 28, 1943, the United States attorney for the District of Vermont filed an information against the Wells River Creamery, Inc., at Wells River, Vt., alleging shipment within the period from on or about December 6, 1942, to February 7, 1943, from the State of Vermont into the State of New Hampshire 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 which contained less than 80 percent by weight of milk fat had been substituted for butter. On November 16, 1943, a plea of guilty having been entered on behalf of the defendant corporation, the court imposed a fine of $25. 5314. Adulteration of butter. U. S. v. French-Bauer, Inc. Plea of guilty. Fine, $50 and costs. (F. D. C. No. 10547. Sample No. 48067-E.) On September 8, 1943, the United States attorney for the Southern District of Ohio filed an information against French-Bauer, Inc., at Cincinnati, Ohio, alleging shipment on or about April 27, 1943, from the State of Ohio into the State of Kentucky 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 which contained less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: (Wrappers) "Clover Blossom Butter," On October 1, 1943, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $50 and costs. 5315. Adulteration of butter. U. S. v. Beatrice Creamery Co. Plea of guilty. (F. D. C. No. 8839. Sample No. 22586-F.) Fine, $100 and costs. On May 28, 1943, the United States attorney for the Northern District of Illinois filed an information against the Beatrice Creamery Co., a corporation, Chicago, Ill., alleging shipment on or about October 27, 1942, from the State of Illinois into the State of Pennsylvania 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 which contained less than 80 percent by weight of milk fat had been substituted for butter. On September 20, 1943, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $100 and costs. 5316. Adulteration of butter. U. S. v. 10 Boxes (600 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10150: Sample No. 7898-F.) On June 5, 1943, the United States attorney for the Southern District of New York filed a libel against 10 boxes of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about May 19, 1943, by the Slayton Creamery from Slayton, Minn.; and charging that it was adulterated in that it contained less than 80 percent by weight of milk fat. The article was labeled in part: "Butter S & W Waldbaum Inc. * * Distributors New York NY." * On June 18, 1943, the Slayton Creamery Co. having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. 5317. Adulteration of butter. U. S. v 74 Boxes (4,736 pounds) of Butter. Decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 10149. Sample No. 7813-F.) On June 16, 1943, the United States attorney for the District of Minnesota filed a libel against 74 boxes of butter at Minneapolis, Minn., alleging that the article had been consigned on or about May 28, 1943, by the Barnes Company Cooperative Creamery from Valley City, N. Dak.; and charging that it was adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted or abstracted therefrom, and in that an article containing less than 80 percent by weight of milk fat had been substituted wholly or in part for butter. On July 10, 1943, the Land O'Lakes Creameries having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be reworked under the supervision of the Food and Drug Administration. 5318. Adulteration of butter. U. S. v. 79 Cubes (5,214 pounds) of Butter. Decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 10148. Sample No. 7802–F.) On June 1, 1943, the United States attorney for the District of Massachusetts filed a libel against 79 cubes of butter at Somerville, Mass., alleging that the article had been shipped in interstate commerce on or about May 26, 1943, by the Kingston Cooperative Dairy, from Dassel, Minn.; 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: "Pipestone Produce Co., Summerville, Mass. * * * Butter." On June 21, 1943, the Pipestone Produce Co. of Somerville, Mass., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. 5319. Adulteration of butter. U. S. v. 21 Cases of Butter. Decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10090. Sample No. 6761-F.) On May 28, 1943, the United States attorney for the Eastern District of Missouri filed a libel against 21 cases of butter at St. Louis, Mo., alleging that the article had been shipped in interstate commerce on or about May 6, 1943, by the Cutler Creamery & Ice Cream Co., from Cutler, Ill.; 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: (Parchment wrapper) "Independent Mayrose Creamery Butter Distributed By St. Louis Independent Packing Co." On June 29, 1943, the Cutler Creamery & Ice Cream Co. 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. 5320. Adulteration of butter. U. S. v. 138 Boxes (8,280 pounds) of Butter. Deerce of condemnation. Product ordered released under bond for reconditioning. (F. D. C. No. 10088. Sample Nos. 15154-F, 15155–F.) On May 31, 1943, the United States attorney for the Southern District of California filed a libel against 138 boxes, each containing 60 pounds, of butter at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about May 6, 1943, by the Hallren Poultry & Creamery Co. from Fairview, Okla.; 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 Distributed by Disney Smith L. A. Calif." * * On June 9, 1943, the Hallren Poultry & Creamery Co. having appeared as claimant, and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reconditioning under the supervision of the Food and Drug Administration. 5321. Adulteration of butter. U. S. v. 30 Cubes (2,100 pounds) of Butter. Decree of condemnation, Product ordered released under bond for reconditioning. (F. D. C. No. 10087. Sample No. 11296–F.) On May 24, 1943, the United States attorney for the Northern District of California filed a libel against 30 cubes of butter, each weighing 70 pounds, at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about May 3, 1943, by the Mandan Cry. and Pro. Co. from Mandan, N. Dak.; 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 May 27, 1943, B. J. Holmes, trading as B. J. Holmes Sales Co., having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond to be brought into compliance with the law under the supervision of the Food and Drug Administration. 5322. Adulteration and misbranding of butter. U. S. v. 18 Cartons of butter (and 2 additional seizure actions against butter). Decrees of condemnation. Product ordered released under bond for reworking and relabeling. (F. D. C. Nos. 10239, 10774, 10890. Sample Nos. 20629-F, 21921-F, 21922-F, 51225-F.) On June 25, August 26, and September 16, 1943, the United States attorneys for the District of Massachusetts and the Western District of New York filed libels against 185 cartons, each containing 30 1-pound prints, of butter at Boston, Mass., and 19 cubes, each containing 64 pounds, of butter at Buffalo, N. Y., alleging that the article had been shipped in interstate commerce within the period from on or about June 12 to September 4, 1943, by the Benson Produce Co. from Benson, Mich.; and charging that it was adulterated, and that the print butter was misbranded. The article was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted in whole or in part for butter. The print butter was alleged to be misbranded in that the prints did not contain "One Pound Net" as labeled. On July 9 and September 13 and 22, 1943, A. E. Mills & Sons, Inc., of Boston, Mass., and Frank E. Wattles, Inc., of Buffalo, N. Y., having appeared as claimants for the lots located in their respective cities and having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond for reworking and remarking the true weight on the labels or wrappers in those instances in which the product was short-weight, under the supervision of the Food and Drug Administration. 5323. Adulteration of butter, U. S. v. 28 Cubes (1,792 pounds) of Butter. Decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10487. Sample No. 11525-F.) On August 3, 1943, the United States attorney for the Northern District of California filed a libel against 28 cubes of butter at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about July 14, 1943, by the Sherman Produce Co. from Sioux City, 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. The article was labeled in part: "Akron Creamery Grade AA." On September 3, 1943, P. Lerner Co. of San Francisco, Calif., having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. 5324. Adulteration of butter. U. S. v. 17 Boxes (1,020 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10301. Sample No. 45126-F.) On July 6, 1943, the United States attorney for the Southern District of New York filed a libel against 17 boxes of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about June 22, 1943, by the Nordness Cooperative Creamery from Decorah, 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. The article was labeled in part: "Creamery Butter Distributed by Gude Bros., Kieffer Co. ** * * New York." On July 24, 1943, the Nordness Cooperative Creamery having appeared as claimant and having admitted the allegations of the libel and 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. 5325. Adulteration of butter. U. S. v. 8 Cubes (544 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10291. Sample No. 12623-F.) On July 6, 1943, the United States attorney for the Western District of Washington filed a libel against 8 cubes of butter at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about June 28, 1943, by the Scovill Creamery from Big Timber, Mont.; 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: "Butter Klock Produce Co. Seattle." On July 15, 1943, the Scovill Creamery, claimant, having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for reworking and reconditioning under the supervision of the Food and Drug Administration. 5326. Adulteration of butter. U. S. v. 9 Cubes (612 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond for reconditioning. (F. D. C. No. 10290. Sample No. 12622-F.) On July 8, 1943, the United States attorney for the Western District of Washington filled a libel against 9 cubes of butter at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about June 30, 1943, by the Hot Springs Corporation from Plains, Mont.; 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 July 15, 1943, the Sanders Co. Dairy Cooperative, claimant, having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for reconditioning under the supervision of the Food and Drug Administration, 5327. Adulteration of butter. U. S. v. 23 Cubes and 18 Cubes (totaling 2,706 pounds) of Butter. Decrees of condemnation. Product ordered released under bond for reworking. (F. D. C. Nos. 10091, 10147. Sample Nos. 7801-F, 7893–F.) On May 24, and June 1, 1943, the United States attorney for the District of Massachusetts filed libels against 41 cubes, each weighing 66 pounds, of butter at Somerville, Mass., alleging that the article had been shipped in interstate commerce on or about May 18 and 26, 1943, by the Albion French Lake Creamery Association from Annandale, Minn.; 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: "Pipestone Produce Co. Somerville, Mass. Butter." |