29072. Misbranding of canned peas.    U. S. v. 198 Cases and 248 Cases of Peas.
Consent decree of condemnation with provision for release under bond 
for relabeling.    (F. & D. Nos. 42080, 42081.   Sample Nos. 19280-D, 19401-D.)
This product fell below the standard for canned peas established by this 
Department because the peas were not immature, and it was not labeled to 
indicate that it was substandard.
On March 29, 1938, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 446 cases of canned peas at St. 
Paul, Minn.; alleging that the article had been shipped in interstate commerce 
on or about March 12, 1938, by the Oostburg Canning Co., from Oostburg, Wis.; 
and charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: "Parade Brand [or "State Fair Brand"] * * * Packed 
By Oostburg Canning Co.    Oostburg, Wisconsin."
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 Agri- 
culture, since the peas were not immature and the package or label did not 
bear a plain and conspicuous statement prescribed by the Secretary indicating 
that it fell below such standard.
On May 3, 1938, Midway Jobbing Co., St. Paul, Minn., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered, 
with provision for release of the product under bond conditioned that it be 
relabeled to comply with the law.
HAKEY L. BROWN, Acting Secretary of Agriculture.