19126. Misbranding of  canned  peas.    V.   S.  v.  500  Cases   of  Canned  Peas.
Consent decree of condemnation and forfeiture. Product released 
under bond to be relabeled. (F. & D. No. 27246. I. S. No. 29275. S. 
No. 5417.)
Examination of samples of canned peas from the shipment herein described 
having shown that the article fell below the standard promulgated by this 
department for canned peas, the Secretary of Agriculture reported tie matter 
to the United States attorney for the Eastern District of New York.
On November 16, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 500 cases of canned peas, remaining in the original packages 
at Brooklyn, N. Y., alleging that the article had been shipped by the Kirby 
Canning Co., from Trappe, Md., on or about July 20, 1931, and had been trans- 
ported from the State of Maryland into the State of New York, and charging 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: (Can) " Pride of the Farm Brand Sifted Early June Peas 
Thomas Roberts & Co. Philadelphia, Pa. U. S. A. Distributors."
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture for such canned food, since it contained an 
excessive percentage of hard peas, and its package or label did not bear a 
plain and conspicuous statement as prescribed indicating that it fell below such 
standard.
On December 23, 1931, Austin, Nichols & Co. (Inc.), claimant, having ad- 
mitted 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 claimant upon 
payment of costs and the execution of a bond in the sum of $500, conditioned in 
part that it be relabeled under the supervision of this department and that it 
should not be sold or disposed of contrary to law, both State and Federal.
AETHXJB M. HYDE, Secretary of Agriculture.