ADULTERATED BUTTER

2 definitions found across Law Mind sources

ADULTERATED BUTTERAuthored
The Law Mind • 968 words
Definition
Adulterated butter is a statutory category designating butter that has been altered, debased, or treated in ways that depart from natural, unadulterated production. The term is a creature of federal food regulation, not common law, and its legal meaning is fixed by the Act of May 9, 1902, which brought butter under federal oversight alongside oleomargarine and related dairy substitutes. Under Section 4 of that Act, adulterated butter includes: (1) Butter produced by treating different lots of butter with a chemical or other substance to deodorize it or to remove rancidity; (2) Butter into which a foreign substance has been mixed for the purpose of lessening its cost of production; and (3) Butter in the manufacture or manipulation of which any process or material is used that is not part of ordinary, legitimate butter-making. The practical target of this definition was the commercial practice of renovating or "process butter" — taking stale, rancid, or low-grade butter, steaming or churning it with deodorizing agents, and returning it to market as fresh product. Adulterated butter under the 1902 Act is legally distinct from oleomargarine (a butter substitute made from animal fats or vegetable oils) and from imitation butter. All three categories attracted separate federal tax and labeling requirements under the same legislative scheme.
Common Language
Modern common usage (Wiktionary): "Adulterated" in general use means made impure by adding inferior, harmful, or foreign substances. "Adulterated butter" in plain English would simply mean butter that has had something added to it or that has been tampered with. Historical common usage (Webster's 1913): "Adulterate" — to corrupt, debase, or make impure by an admixture of a foreign or a baser substance; applied commonly to food, drink, or drugs. The gap between common and legal meaning here is specific rather than sharp: the legal definition is narrower and more technical than the common understanding. Not every addition or alteration makes butter legally "adulterated" under the 1902 Act — the statute is targeted at deodorization, cost-reducing admixture, and non-standard manufacturing processes. A researcher relying on the ordinary meaning of "adulterated" would cast too wide a net when working with materials governed by this statutory scheme.
Common Confusion
Adulterated butter is frequently conflated with oleomargarine and with renovated or process butter. These are legally distinct categories under the 1902 Act and its predecessor oleomargarine legislation. Oleomargarine is a substitute product manufactured from non-butter fats. Renovated butter (sometimes called "process butter") is the most common subject of the adulteration provisions — it is real butter that has undergone industrial processing to restore or mask deteriorated quality. In historical sources, "adulterated butter" sometimes appears as a loose synonym for any substandard dairy product; in the statutory context, it has a precise and bounded meaning.
Why It Matters in Research
This term is almost entirely statutory in character. Researchers will encounter it almost exclusively in the context of federal food and revenue legislation from roughly 1886 through the early twentieth century, beginning with the Oleomargarine Act of 1886 and culminating in the Act of May 9, 1902. The 1902 Act extended the federal tax and inspection apparatus — originally built to police oleomargarine — to cover adulterated and renovated butter as well. The key research trap is anachronism. Before 1902, "adulterated butter" had no consistent federal statutory definition; state food adulteration laws used varying language, and the term in pre-1902 sources may carry a different or broader meaning than the federal statutory definition Bouvier records. Researchers working with state-level materials, agricultural commissioner reports, or dairy industry litigation from the 1880s and 1890s should not assume the 1902 federal definition applies. A second trap is conflation with the oleomargarine regulatory corpus. The tax treatment, labeling obligations, and enforcement machinery for adulterated butter under the 1902 Act are distinct from the older oleomargarine framework, even though the same underlying federal revenue and inspection apparatus administered both. Cases and administrative rulings about oleomargarine are not automatically on point for adulterated butter questions. The Law Mind corpus likely contains this term across food adulteration treatises, federal revenue practice guides, agricultural law materials, and legal dictionaries of the late nineteenth and early twentieth centuries. Bouvier's treatment reflects the post-1902 statutory consolidation.
Historical Dictionary Support
Bouvier's Law Dictionary is the primary historical dictionary source for this term, and its entry is essentially a restatement of the statutory definition from Section 4 of the Act of May 9, 1902. This is characteristic of how Bouvier treats regulatory terms of the era: the dictionary functions as a digest of statutory language rather than offering independent common-law analysis. No significant divergence among historical legal dictionaries is apparent for this term — it is too narrow and too statutory to have generated competing definitional traditions. What historical sources miss is the enforcement context: the practical significance of the adulterated butter category was primarily fiscal and commercial, not health-based in the modern sense. The concern animating the 1902 Act was marketplace fraud — consumers and wholesalers receiving renovated or debased product under the appearance of fresh butter — as much as any safety hazard. Modern readers approaching this term through a food safety lens may misread the historical regulatory purpose.
Jurisdictional Note
The definition discussed here is federal, operative under the Act of May 9, 1902. State food and dairy laws of the same period used varying definitions of adulteration, and some states had more expansive standards. Research involving state-level prosecutions or civil liability should consult the applicable state dairy or food statutes rather than assuming the federal definition controls.
Related Terms
Oleomargarine — Renovated Butter — Process Butter — Imitation Butter — Food Adulteration — Pure Food Laws — Dairy Regulation — Federal Revenue Taxation (food products) — Misbranding
ADULTERATED BUTTERmain
Bouvier's Law Dictionary • 1928
Adul- terated butter, as defined by § 4 of the Act of May 9, 1902, includes: (1) a grade pro- duced by treatment of different lots of butter to which a chemical or other substance is added to deodorize it or to remove rancidity; (2) a butter product with which is mixed a foreign substance to lessen its cost; and (3) "any butter in the manufacture or manipulation of which any process or ma- terial is used with intent or effect of causing the absorption of abnormal quantities of water, milk, or cream. In 1907, the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, promulgated Regulations No. 9, which contain the following: "The definition of adulterated butter as contained in the Act of May 9, 1902, does not fix the normal content of moisture permissible. This being the case, it becomes necessary to adopt a standard for moisture in butter, which shall in effect represent the normal quantity It is therefore held that butter having 16 per cent or more of moisture con- tains an abnormal quantity and is classed as adulterated butter. 265 U. S. 319.

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