25673. Adulteration of canned peas.     IT.  S. v.  412 Cases  of Canned Peas,  and
other actions. Decrees of condemnation. Portion of product re- 
leased under bond. Remainder destroyed. (F. & D. nos. 36531, 36532, 
86858.    Sample nos. 26942-B, 26952-B, 34879-B.)
These cases involved canned peas samples of which were found to be infested 
with weevils or worms.
On October 19, October 21, and December 20, 1935, the United States attor- 
neys for the Northern District of California and the Southern District of 
California, acting upon reports by the Secretary of Agriculture, filed in their 
respective district courts libels praying seizure and condemnation of 694 cases 
of canned peas in various lots at San Francisco, Sacramento, and Los Angeles, 
Calif., alleging that the article had been shipped in interstate commerce between 
the dates of July 19 and August 20, 1935, by Libby, McNeill & Libby, in part 
from Portland, Oreg., and in part from Walla Walla, Wash., and charging 
adulteration in violation of the Food and Drugs Act. The article was labeled 
in part: "Libby's Green Sweet and Tender Jumbo Peas, Libby, McNeill and 
Libby, Chicago."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy vegetable substance.
Libby, McNeill & Libby appeared as claimant. On November 5 and November 
12, 1935, the claimant having admitted the allegations with respect to the lots 
libeled at San Francisco and Sacramento and having consented to the entry of 
decrees, judgments of condemnation were entered and it was ordered that the 
lots might be taken down under bond conditioned that those portions approved 
by this Department as fit for food be released. On February 21, 1936, the claim 
having been withdrawn for the lot seized at Los Angeles, judgment of condemna- 
tion was entered and the goods were ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.