5039. Misbranding of canned peas.    U. S. v. 251  Cases of Canned Peas.    Consent decree 
. of  condemnation.    Product  ordered  released   under  bond   for   relabeling.     (F.  D.   C.
' No. 9521.   Sample No. 36899-F.)
v On March 9, 1943, the United States attorney for the District of Baltimore filed 
a
libel against 251 cases, each containing 24 cans, of peas at Frederick, Md., alleging 
that the article had been shipped in interstate commerce on or about June 30 and 
August 18, 1942, by Burgoon & Yingling from Gettysburg, Pa.; and charging that 
it was misbranded. The article was labeled in part: (Cans) "National. Park Brand 
No., 4-Sieve Early June Peas."
It-was alleged to be misbranded (1) in that it purported to be and was repre- 
sented as..a food for which a .standard of quality had been prescribed by regulation 
promulgated pursuant to law, but its quality fell below such standard since the 
article was a. smooth skin variety of peas and the alcohol-insoluble solids of the peas 
in the container were more than 23.5 percent, the maximum permitted by such 
regulation; and (2) its label failed to bear, in such manner and form as the regu- 
lation, specify, a statement that it fell below such standard. 
• •       '
On May 19, 1943, D. 0. Winebrener & Soil of Frederick, Md., having appeared 
as claimant and having consented to' the entry of a decree, judgment of condemnation 
was entered and the product was ordered released under bond for relabeling, under 
the 'supervision of the Fppd and Drujj; Administration.
MISCELLANEOUS VEGETABLES