18855. Misbranding of  canned  peas.    TJ.   S.  v.  98  Cases  of   Canned  Peas,
Consent   decree   of   condemnation   and   forfeiture.     Product   re- 
leased under bond.     (F. & D. No. 26868.    I. S. No. 37818.    S. No. 5039. >
Examination of samples of canned peas from the shipment herein described 
having shown that the article was below the standard for canned peas promul- 
gated by the Secretary of Agriculture, and that the label failed to bear a state- 
ment showing that it fell below such standard, the Secretary of Agriculture 
reported the matter to the United States attorney for the Middle District of 
Pennsylvania.
On August 14, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condemn 
nation of 98 cases of canned peas, remaining in the original unbroken packages- 
at Lebanon, Pa., alleging that the article had been shipped by the Torsch-Steven- 
son Corporation, from Milford, Del., on or about July 9, 1931, and had been 
transported from the State of Delaware into the State of Pennsylvania, and 
charging misbranding in violation of the food and drugs act as amended. Ther 
article was labeled in part: " Cow Boy Brand Early June Peas * * * They 
Torsch-Stevenson Corp.    Distributors Baltimore, Md."
It was alleged in the libel that the article was misbranded in that it wa- 
canned food and fell below the standard of quality and condition and/or fill of 
container, promulgated by the Secretary of Agriculture for such canned foodr 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by the Secretary of Agriculture, indicating that such canned food fell 
below such standard.
On September 2, 1931, the Torsch-Stevenson Corporation, Baltimore, Md., 
claimant, having admitted the allegations of the libel and having consented to 
the entry of a decree, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be released to the said claim- 
ant upon payment of costs and the execution of a bond in the sum of $500, 
?conditioned in part that it be relabeled in accordance with the law applicable 
thereto, and should not be sold or disposed of contrary to the Federal food and 
drugs act or the laws of any State, Territory, district, or insular possession.
AETHXJB M. HYDE, Secretary of Agriculture.