29311. Misbranding of canned peas.    U. S. v. 51 Cases of Canned Peas  (and 4
similar actions). Consent decree of condemnation. Product released 
under bond for relabeling. (F. & D. Nos. 41664. 41665, 41725, 41726, 41727. 
Sample Nos. 2120-D, 2166-D, 2168-D, 2169-D, 2170-D.)
This product fell below the standard established by this Department since 
the peas were not immature, and it was not labeled to indicate that it was 
substandard.
On February 19 and 21, 1988, the United States attorney for the District of 
South Dakota, acting upon reports by the Secretary of Agriculture, filed in 
the district court five libels praying seizure and condemnation of 344 cases of 
canned peas in various lots at Sioux Falls, Brookings, Huron, and Watertown, 
S. Dak.; alleging that the article had been shipped in interstate commerce on 
October 27 and 29, 1937, from Port Washington, Wis., by Clyman Canning Co.; 
and charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: "Ozaukee [or "Win-All"] Brand * * * Peas * * * 
Knellsville Pea Canning Company [or "Co."] Fort Washington, Wisconsin."
It was alleged to be misbranded in that it was substandard because the peas 
were not immature, since the alcohol-insoluble solids in the drained peas ex- 
ceeded 23.5 percent, and its label did not bear a plain and conspicuous state- 
ment prescribed by the Secretary of Agriculture indicating that the contents of 
the cans were substandard.
On March 31, 1938, Morin, Beattie Co., Sioux Falls, S. Dak.; Beattie, Stein- 
born Co.; Brookings, S. Dak.; Morin, Colton & Co., Huron, S. Dak.; and Park 
Grant Co., Watertown, S. Dak., claimants for respective lots of the article, 
having admitted the allegations of the libels and having consented to the entries 
of decrees, judgments of condemnation were entered and the product was 
ordered released under bond conditioned that it be relabeled.
HAEBY L. BROWN, Acting Secretary of Agriculture.