82907. Misbranding of canned peas. U. S. v. 47 Cases of Canned Peas. 
Decree of condemnation. Product released under bond to be 
relabeled.     (F.  & D.  no.  32797.    Sample no.  61855-A.)
This case involved a shipment of canned peas that were slack filled and that 
were not labeled to indicate that they were substandard.
On June 8, 1934, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 47 cases of canned 
peas at New Orleans, La., alleging that the article had been shipped in inter- 
state commerce, on or about January 15, 1934, by the Minnesota Valley Canning 
Co., from Blue Earth, Minn., and charging misbranding in violation of the 
Food and Drugs Act as amended.   The article was labeled in part: "Artesian
Brand Early June Peas * * * Packed by Minnesota Valley Canning Co., 
Le Sueur, Minn."
The article was alleged to be misbranded in that it was canned food and fell 
below the standard of fill of container promulgated by the Secretary of Agri- 
culture, 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 September 17, 1934, the Minnesota Valley Canning Co., Inc., Le Sueur, 
Minn., having appeared as claimant for the property and having admitted the 
allegations of the libel, judgment of condemnation was entered and it was 
ordered by the court that the product be released to the claimant, upon pay- 
ment of costs and the execution of a bond in the sum of $200, conditioned that 
it be relabeled in compliance with the law.
M. L. WILSON, Acting Secretary of Agriculture.