22733. Misbranding1   of   canned   peas.    TT.   S.   -v.   30   Cases   of   Canned   Peas.
Default decree of condemnation and forfeiture. Product deliv- 
ered to charitable or relief organization. (F. & D. no. 32303. Sam- 
ple no. 67088-A.)
This case involved a shipment of canned peas which fell below the standard 
promulgated by the Secretary of Agriculture, because of the presence of exces- 
sive mature peas, and which were not labeled to indicate that they were 
substandard.
On March 17, 1934, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 30 cases of 
canned peas at Scranton, Pa., alleging that the article had been shipped in 
interstate commerce, on or about July 25, 1933, by the Snider Packing Co., from 
Canandaigua, N. Y., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: "Apple Blossom 
Brand Tender Sweet Peas * * * Distributed by Geneseo Canning Co., 
Geneseo, N. Y."
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 an excessive number 
of hard 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 June 28, 1934, 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 delivered to charitable or relief organizations.
M. L. "WILSON, Acting Secretary of Agriculture.