19204. Misbranding of canned peas.    V.  8. -v. 998 Cases  of Peas.    Decree
of condemnation and forfeiture. Product released under bond, 
for relabeling;.     (F. & D. No. 27003.    I.  S. No. 44176.     S. No. 5206.)
Examination of samples of canned peas from the shipment herein described 
having shown that the article contained an excessive proportion of hard peas, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Eastern District of Wisconsin.
On September 28, 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 998 cases of canned peas, remaining in the original unbroken 
packages at Milwaukee, Wis., alleging that the article had been shipped on or 
about July 21, 1931, by the Wabash Canning Corporation, from Wabash, Ind., 
and had been transported in interstate commerce from the State of Indiana into 
the State of Wisconsin, and charging misbranding in violation of the food and 
drugs act as amended.
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality promulgated by the Secre- 
tary of Agriculture for such canned food, in that it contained an excess of hard 
peas and the package did not bear a plain and conspicuous statement as pre 
scribed by the Secretary of Agriculture indicating that such product fell below 
such standard.
On October 29, 1931, the Wabash Canning Corporation, claimant, having ad- 
mitted the allegations of the libel, judgment of condemnation and forfeiture was 
entered. The court having found that the product might be relabeled in such 
manner as to render it not in violation of the law, ordered that it 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 should not be sold or disposed of con- 
trary to the provisions of the food and drugs act or the laws of any State,.. 
Territory, district, or insular possession.
AETHTJB M. HTDH, Secretary of Agriculture.