19112. Misbranding of canned peas.    U. S. v.  639  Cases  of Canned Peas.
Consent  decree  of condemnation.    Product  released under  bond 
to be relabeled.     (P. & D. No. 27097.    I. S. No. 39484.    S. No. 5312.)
Samples of alleged early June peas from the shipment herein described 
having been found to contain an excessive quantity of hard and mature peas, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Eastern District of  Virginia.:
On October 22, 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 539 cases of canned peas, remaining in the original unbroken 
packages at Norfolk, Va., alleging that the article had been shipped on or about 
August 22, 1931, by Phillips Packing Co. (Inc.), from Cambridge, Md., and had 
been transported in interstate commerce from the State of Maryland into the 
State of Virginia, and charging misbranding in violation of the food and drugs 
act. The article was labeled in part: (Cans) " Golden Rule Brand Early June 
Peas   *   *   *   Packed by Phillips Packing Co., Inc., Cambridge, Md."
It was alleged in the libel that the article was misbranded within the meaning 
of the food and drugs act as amended, in the case of food, in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture, in that it contained an excessive quantity of 
hard and mature peas, to wit, more than 10 per cent, and its package or label 
did not bear a plain and conspicuous statement as prescribed, indicating that 
such canned food fell below such standard.
On November 30, 1931, the Phillips Packing Co. (Inc.), claimant, having 
admitted the allegations of the libel, judgment of condemnation 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 $1,000, con- 
ditioned in part that it should not be sold or disposed of contrary to the pro- 
visions of the food and drugs act or the laws of any State, Territory, district, 
or insular possession, and further conditioned that it be relabeled in part: 
" Below U. S. Standard. Low Quality, But Not Illegal." The decree further 
ordered that the bond be filed within 15 days from the date of the decree— 
which by order of December 3, 1931, was extended to 30 days—otherwise that 
it be destroyed.
AETHUB M. HYDE, Secretary of Agriculture.