31021. Misbranding of canned peas.     II. S. v. 900 Cases of Peas.     Default decree
of   condemnation.    Product   ordered  delivered   to   charitable  institu- 
tions.     (F. &. D. No. 45568.    Sample No. 47727-D.)
This product fell below the standard established by this Department because 
the peas were not immature, and it was not labeled to indicate that it was 
substandard.
On October 12, 1939, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel against 900 cases of canned peas at Washington, D. C.; alleging that the 
article had been shipped in interstate commerce on or about August 24 and 26, 
1939, by A. W. Feeser & Co., Inc., from Taneytown, Md.; and charging misbrand- 
ing in violation of the Food and Drugs Act. The article was labeled in part: 
"Feeser's Brand Pod Run Sugared Peas."
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 Agriculture 
for such canned food since the peas were not immature, and its package or label 
did not bear a plain and conspicuous statement prescribed by regulation of this 
Department indicating that it fell below such standard.
On November 3, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to charitable institutions 
for their use and not for sale.
GROVER B. HTLL, Acting Secretary of Agriculture.