24934. Misbranding of canned peas.    U. S. v. 7472/3   Cases of Canned Peas.    De¬
cree  of condemnation.    Product released under bond to be relabeled.
(F. & D. no. 35447.    Sample no. 23670-B.)
This case involved an interstate shipment of canned peas that fell below 
the standard established by this Department because of the presence of an 
excessive number of hard peas, and that were not labeled to indicate that they 
were substandard.
On April 30, 1935, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 747% cases of 
canned peas at Pittsburgh, Pa., alleging that the article had been shipped in 
interstate commerce on or about September 29, 1934, by the Elkhart Lake 
Canning Co., from Elkhart Lake, Wis., and charging misbranding in violation 
of the Food and Drugs Act as amended. The article was labeled in part: 
"Expert Sweet Peas * * * Distributors Jesse C. Stewart Co., Pittsburgh, 
Pa."
The article was alleged to be 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 because of the presence of an excessive 
number of hard peas, and its package or label did not bear a plain and 
conspicuous statement prescribed by regulation of this Department indicating 
that it fell below such standard.
On July 11, 1935, the Jesse C. Stewart Co., Pittsburgh, Pa., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered 
and it was ordered that the product be released under bond conditioned that 
it be relabeled under the supervision of this Department.
W. R. GBEGG, Acting Secretary of Agriculture.