21383. Misbranding of  canned pears.     U.  S. v.  39  Cases  of  Canned  Fears.
Default   decree   of   condemnation,   for felture,   and   destruction.
(F. & D. no. 30625.    Sample nos. 37024-A, 37132-A.)
This case involved a shipment of canned pears which fell below the standard 
established by this Department, because of low sugar content of the liquid 
portion, and because of nonuniformity of size and excessive trimming, and 
which was not labeled to indicate that it was substandard.
On June 17, 1933, the United States attorney for the District of Idaho, acting 
upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 39 cases of canned pears at Wallace, 
Idaho, alleging that the article had been shipped in interstate commerce, on 
or about April 28, 1933, by the Washington Canners Cooperative, from Van- 
couver, Wash., and charging misbranding in violation of the Food and Drugs
Act as amended.   The article was labeled in part: " Britewest Brand Bartlett 
Pears,   *   *   *   Washington Canners Cooperative, Vancouver, Washington.''
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, in that the liquid por- 
tion read below 13 degrees Brix; because of excessive trimming and because* 
of nonuniformity of size; and the package or label did not bear a plain and 
conspicuous statement prescribed by regulation of this Department, indicating 
that it was substandard.
On September 15, 1933, no claimant having appeared for the property, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.