26229. Misbranding of canned peas.    U. S. v. 149 Cases of Canned Peas.     Consent
decree of condemnation and destruction.     (F. & D. no. S7607.    Sample no. 
55185-B.)     '
This case was based on an interstate shipment of canned peas contained in 
cans that were not properly labeled as to the quantity of contents, and that 
fee below the standard established by the Department of Agriculture because 
of the presence of an excessive proportion of peas that were not immature, and 
that were not labeled to indicate that they were substandard.
On April 21, 1936, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 149 cases of canned 
peas at Chicago, Ill., bulging that the article was shipped in interstate com- 
merce on or about March 8, 1936, by the Kingsville Pea Canning Co., from 
Port Washington, Wis., and that it was misbranded in violation of the Food and 
Drugs Act as amended.
The article was alleged to be misbranded in that it was food in package form 
and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package; and in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture for such canned food, since the peas were not tender, and its package 
or label did not bear a plain and conspicuous statement prescribed by the 
Secretary of Agriculture indicating that it fell below such standard.
On May 29, 1936, the Knoxit Pea Canning Co., claimant, having admitted 
the elevations of the libel and having consented to a decree, judgment of 
condemnation was entered and it was ordered that the product be released 
under bond conditioned that it be relabeled.
HAEBY L. BROWN, Acting Secretary of Agriculture.