24127. Misbranding of   canned   peas.    U.   S.   v.   40   Cases   of   Canned   Peas.
Default decree of condemnation. Product delivered to relief 
organization.     (F. & D. no. 33423.    Sample no. 6274-B.)
This case involved an interstate shipment of canned peas that fell below 
the standard established by this Department because of the presence of an 
excessive amount of ruptured peas, and that were not labeled, to indicate that 
they were substandard.
On or about September 8, 1934, the United States attorney for the Southern 
District of Florida, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel (amended December 19, 1934), praying seizure 
and condemnation of 40 cases of canned peas at Jacksonville, Fla., alleging 
that the article had been shipped in interstate commerce on or about April 30, 
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 
15679—35 1 
89
was labeled in part: "Webster's Select Quality Early June Peas   *   *   * 
Packed by G. L. Webster Canning Co. Incorporated   Cheriton   Virginia."
It was alleged in the libel, as amended, 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, in that it did not consist of im- 
mature peas, since more than 25 percent by count were ruptured 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 December 19, 1934, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be delivered to a relief 
organization on condition that the labels be removed immediately, and that 
it be used for relief purposes and not sold.
M. L. WILSON, Acting Secretary of Agriculture.