22512. Misbranding of  canned  peas.     U.   S.  v.   120  Cases   of   Canned  Peas.
Decree of condemnation and forfeiture.     Product released under 
bond to be relabeled.     (F. & D. no. 32299.    Sample no. 62093-A.)
This case involved a shipment of canned peas that fell below the standard 
established by this Department because of the presence of excessive mature peas, 
and which were not labeled to indicate that they were substandard.
On March 12, 1934, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 120 cases of canned peas at Baltimore, 
Md., alleging that the article had been shipped in interstate commerce, on or 
about January 13, 1934, by the G. L. Webster Canning Co., from Cheriton, Va., 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: (Can) " Cheriton Brand * * * Early June 
Peas Packed by G. L. Webster Canning Co., Incorporated, Cheriton, Virginia."
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, because of the presence of excessive mature 
peas, and its package or label did not bear a plain and conspicuous statement 
prescribed by regulation of this Department, indicating that it fell below such 
standard.
On April 5,1934, the Guy L. Webster Co., Inc., Cheriton, Va., having appeared 
as claimant for the property, 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 $125, 
conditioned that it be relabeled so as to conform to the requirements of the 
Federal Food and Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.