20277 Adulteration and misbranding of canned peas. U. S. v. 142 Cases, etc. 
(and 1 other seizure action). (F. D. C. No. 33865. Sample Nos. 27685-L 
to 27687-L, incl., 41893-L, 41894-L.)
LIBEL FILED :    September 23,1952, Northern District of California. 
ALLEGED SHIPMENT :    On or about July 7, 1952, by Cal State Sales, from Milton 
and Freewater, Oreg.
PRODUCT: Peas. 251 cases, each containing 6 unlabeled No. 10 cans, and 198 
eases, each containing 48 unlabeled picnic size cans, at San Jose, Calif.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), (251-case lot) the prod- 
uct consisted in whole or in part of a decomposed substance.
Misbranding, Section 403 (e) (1) and (2), (both lots) the product failed tc 
bear a label containing the name and place of business of the manufacturer, 
packer, or distributor, and an accurate statement of the quantity of the con-
tents; and, Section 403 (g) (2), (both lots) the product purported to be and 
was represented as canned peas, a food for which a definition and standard of 
identity has been prescribed by regulations, and its label failed to bear the 
name of the food specified in the definition and standard and the name of the 
optional pea ingredient present in the prouuct. Further misbranding, Section 
403 (h) (2), (198-case lot) the product fell below the standard of fill of con- 
tainer for canned peas, and the label failed to bear a statement that the prod- 
uct fell below the standard.
DISPOSITION : November 13, 1952. Leon R. James, San Jose, Calif., claimant, 
having consented to the entry of decrees, judgments of condemnation were 
entered and the court ordered that the product be released under bond to be 
reconditioned and relabeled under the supervision of the Federal Security 
Agency. 90 cases of the product were found unfit and were destroyed, and the 
remainder were satisfactorily relabeled.