21116. Misbranding of canned peas.     U.  S. v. 93 Cases and 140 Cases of
Canned  Peas.     Consent  decree  of  condemnation  and  forfeiture. 
Product released under bond.     (F. & D. no. 29741.    Sample no. 16373-A.)
This case involved a shipment of canned peas which contained an excessive 
amount of hard peas, and which was not labeled to indicate that it was sub- 
standard.
On January 10, and March 4, 1933, the United States attorney for the 
District of Maine, acting upon a report by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 233 cases 
of canned peas at Portland, Maine, alleging that the article had been shipped 
in interstate commerce on or about August 1, 1932, by A. W. Sisk & Son, 
from Taneytown, Md., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: (Can) " Green- 
e Brand * * * Early June Peas. Albert W. Sisk & Son Distributors, 
Preston, Md." 
v
It was alleged in the libels 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, because of an excessive 
amount of hard peas, and its package or label did not bear a plain and con- 
spicuous statement prescribed by regulation of this Department, indicating 
that it fell below such standard.
On June 24, 1933, A. W. Sisk & Son, Preston, 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 claimant upon payment of costs 
and the execution of a bond in the sum of $500, conditioned that it should 
not be disposed of until brought into conformity with the law under the super- 
vision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.