27590. Misbranding of canned peas.    U. S. v. 143 Cases of Canned Peas.    De¬
fault decree of condemnation.     Product delivered to a charitable insti- 
tution.     (F. & D. No. 89154.    Sample No. 31786-C.)
This product fell below the standard for canned peas established by this De- 
partment because the peas were not immature, and it was not labeled to indicate 
that It was substandard.
On March 4, 1987, the United States attorney for the Western District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 143 cases of canned peas 
at Lynchburg, Va., alleging that the article had been shipped in interstate com- 
merce on or about October 27, 1936, by Howard E. Jones & Co. from Baltimore, 
Md., and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled In part: (Cans) "Mason Dixon Brand Early June Peas 
Packed by Lineboro Canning Co. Inc. Lineboro, Md."
It 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 
since the peas were not immature—more than 25 percent being ruptured—and 
its label did not bear a plain and conspicuous statement prescribed by the Secre- 
tary indicating that it fell below such standard.
On June 25,1987, no claimant having appeared, judgment of condemnation was 
entered, and since the product was not unfit for human consumption, it was 
ordered by the court that it be delivered to a charitable Institution after the 
labels had been removed to insure its not being resold or diverted into the 
channels of trade.
M. L. WILSON, Acting Secretary of Agriculture.