12701. Misbranding of canned peas.es.    U. S. v. 83 Cases    *    *    *.    (F. D. C. No.
23867.    Sample No. 55353-H.)
LIBEL FILED :   October 31,1947, Southern District of Florida.
ALLEGED SHIPMENT:   On or about July 24, 1947, by Markham Brothers & Co.,
from Fort Valley, Ga. 
PRODUCT:   83 cases, each containing 24 1-pound, 5-ounce cans, of peaches at
Jacksonville, Fla.
LABEL, IN PART: "Pride of Georgia Peaches In Heavy Syrup Yellow Free- 
stone   Slices."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the article was sub- 
standard in quality, since it failed to meet the test for tenderness prescribed 
by the regulations, and all units were not untrimmed or so trimmed as to pre- 
serve normal shape, as required by the regulations; and, in addition, the label 
failed to bear a substandard legend, as required by the regulations.
DISPOSITION : December 2,1947. Markham Brothers & Co., claimant, having con- 
sented 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 Federal Security Agency.