29912. Misbranding of canned peas.    U. S. v. 49 Cases of Canned Peas.   Default
decree   of   condemnation.     Product   ordered  delivered  to  a  charitable 
Institution.      (F. & D. No. 42441.   Sample No. 12627-D.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On May 23, 1938, the United States attorney for the Northern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 49 cases of canned 
peas at Albany, N. Y.; alleging that the article had been shipped in inter- 
state commerce on or about February 21, 1938, by A. W. Sisk & Son from 
Lineboro, Md.; and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Sky Chief Brand Early June Peas 
*   *    *   Packed by Lineboro Canning Company, 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 Agri- 
culture, since the peas were not immature, and its package or label did not 
bear a plain and conspicuous statement prescribed by the Secretary indicat- 
ing that it fell below such standard.
On November 18, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered delivered to a charitable 
institution.
HARRY L. BROWN, Acting Secretary of Agriculture.