19546. Misbranding of  canned  peas.    U.   S.  v.   is  Cases   of  Canned  Feas.
Default   decree   of   condemnation   and   destruction.     (F.   &  D.   No.
27330.    I. S. No. 39842.    S. No. 5470.)
Samples of canned peas from the shipment herein described having been 
found to fall below the legal standard for the article, in that it contained hard 
peas in excess of the amount allowed by said standard, the Secretary of 
Agriculture reported the matter to the United States attorney for the District 
of Connecticut.
On December 4, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 18 cases of canned peas, remaining in the original unbroken 
packages at Bridgeport, Conn., alleging that the article had been shipped by 
Kirby Canning Co., from Trappe, Md., on or about June 27, 1931, and had 
been transported in interstate commerce from the State of Maryland into the 
State of Connecticut, and charging misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: (Can) "Blue Water 
Brand Early June Peas Packed by Kirby Canning Co., Trappe, Md."
It was alleged in the libel that the article was 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, in that it contained hard 
peas in excess of the amount allowed by said standard, and its package or label 
did not bear a plain and conspicuous statement indicating that such canned 
food fell below such standard.
On April 29, 1932, no claimant having appeared for the property, judgment 
of condemnation was entered, and it was ordered by the court that the product 
be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture. 
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