28766. Misbranding of canned peas.    IT. S. v. 251 Cases and 144 Cases of Canned
Peas. Portion of product released under bond for relabeling; re- 
mainder ordered destroyed. (F. & D. Nos. 40343, 40844. Sample Nos. 
48150-C, 57881-C.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On or about September 30 and November 20, 1937, the United States at- 
torney for the Northern District of West Virginia, acting upon reports by 
the Secretary of Agriculture, filed in the district court libels praying seizure 
and condemnation of 251 cases of canned peas at Terra Alta, W. Va., and 
144 cases of canned peas at Grafton, W. Va., alleging that the article had 
been shipped in interstate commerce on or about August 25 and September 
27, 1937, by the Mount Airy Canning Co. from Mountain Lake Park, Md., and 
charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: "Macco Brand Early June Peas * * * Distributed By 
The Mount Airy Canning Co., Mount Airy, Md."
The article was alleged to be misbranded in that it fell below the standard 
of quality and condition promulgated by the Secretary of Agriculture for 
such canned food since there was present an excessive number of mature 
peas, 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 December 1, 1987, the Mount Airy Canning Co. having entered an ap- 
pearance and petitioned release of the lot seized at Terra Alta, W. Va., and 
having executed a bond conditioned that the goods be disposed of only in 
compliance with the law, a decree was entered ordering that the said lot 
be released for relabeling. On December 31, 1937, no claimant having ap- 
peared for the other lot, it was adjudged misbranded and ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.