28841. Misbranding of canned peas.    TJ. S. v. 79 Cases of Canned Peas.    Decree
of condemnation.   Product released under bond for relabeling.    (F. & D.
No. 41806.    Sample No. 16826-D.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On February 21, 1938, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 79 cases of canned peas at Snow Hill, 
Md., alleging that the article had been shipped in interstate commerce on or 
about January 7, 1938, by Roma Wholesale Grocery Co. from Scranton, Pa., and 
charging misbranding in violation of the Food and Drugs Act The article had 
been shipped to Roma Wholesale Grocery Co., by W. D. Onley Canning Co., of 
Snow Hill, Md., and had been returned to the packer by the original consignee. 
The article was labeled in part: "Wecan Brand Quality Vegetables Early June 
Peas   *   *   *   Distributed By W. T. Onley Canning Co., Snow Hill, 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 Agricul- 
ture for such canned food, in that the pea's were not immature, and its package 
or label did not bear a plain and conspicuous statement prescribed by the 
Secretary of Agriculture indicating that such canned food fell below such 
standard.
On March 28, 1938, W.'T. Onley Canning Co. having appeared as claimant, 
judgment of condemnation was entered and the product was ordered released 
under bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.