24588. Misbranding of canned peas.    U. S. v. 400 Cases of Canned Peas.    De¬
cree   of  condemnation.    Product  released  under  bond.     (F.   &  D.   no.
34600.    Sample no. 3817-B.)
This case involved an interstate shipment of canned peas which fell below the 
standard established by this Department, because of the presence of an ex- 
cessive amount of hard peas, and which were not labeled to indicate that they 
were substandard.
On December 21, 1934, the United States attorney for the District of Minne- 
sota, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 400 cases of canned 
peas at St. Paul, Minn., alleging that the article had been shipped in interstate 
commerce, on or about August 13 and August 19, 1934, by the Clyman Canning 
Co., from Markesan, Wis., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: "Official Brand 
Wisconsin Early June Peas * * * Packed by Clyman Canning Co. Factory 
Clyman, Wis. Office Hartford, Wis."
The article was alleged to be misbranded in that it was canned food and 
fell below the standard of quality and condition promulgated by the Secretary 
of Agriculture, 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 20, 1935, the Clyman Canning Co. having appeared as claimant for 
the property, judgment of condemnation was entered and it was ordered that 
the product be released under bond conditioned that it should not be disposed 
of in violation of the Federal Food and Drugs Act.
W. R. GBEGG, Acting Secretary of Agriculture.