20865. Adulteration and Misbranding of  dried split green peas.    TJ.  S. -v.
512 Sacks and 50 Sacks of Dried Split Green Peas. Decrees of 
condemnation and forfeiture. Portion of product released under 
bond for chicken feed; remainder destroyed. (F. & D. nos. 29859, 
29900.    Sample no. 21572-A.)
These cases involved certain lots of dried peas that were insect-infested and 
insect-damaged, contained in sacks not labeled with a statement of the quantity 
of the contents.
On February 17, 1933, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States a libel praying seizure and condemnation of 512 
sacks of dried split green peas at Jersey City, N.J. On March 2, 1933, the 
United States attorney for the Southern District of New York filed a libel 
against 50 sacks of the same product at New York, N.Y. It was alleged in the 
libels that the article had been shipped by Charles H. Lilly & Co., from Seattle, 
Wash., on or about January 7, 1933, that it had been transported from the 
State of Washington into the States of New Jersey and New York, respectively, 
and that it was adulterated and misbranded in violation of the Food and Drugs 
Act as amended.
The libels charged that the article was adulterated in that it consisted in 
whole or in part of a filthy vegetable substance.
Misbranding was charged for the reason that the article was in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package.
On March 29, 1933, no claim or appearance having been entered in the New 
York case, judgment was entered ordering that the product be condemned and 
destroyed. On April 25, 1933, Charles H. Lilly Co., Seattle, Wash., having 
appeared as claimant in the case instituted in the District of New Jersey, having 
admitted the allegations of the libel, and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon payment 
of costs and the execution of a bond in the sum of $1,500, conditioned that it 
be rendered unfit for human consumption and used as chicken feed.
R. G. TTJGWELL, Acting Secretary of Agriculture.