29145. Misbranding of canned peas.     U. S. v. 735 Cartons of Peas (and 3 similar
seizure actions). Decree of condemnation. Portions released under 
bond for relabeling;   remainder distributed to charitable Institutions.
(F.  & D.  Nos.  40340.  41387,  41403, 42367.    Sample Nos.  55700-C. 55802-C. 
56532-C, 13166-D.)
This product fell below the standard for canned peas established by this 
Department because the peas were not immature, and it was not labeled to 
indicate that it was substandard.
On September 20, 1937, January 13 and May 12, 1938, the United States 
attorneys for the Districts of New Jersey, Massachusetts, and Connecticut, 
acting upon reports by the Secretary of Agriculture, filed in their respective 
district courts libels praying seizure and condemnation of 735 cartons of canned. 
peas at Newark, N. J., 825 cartons of canned peas at Boston, Mass., and 39 
cases of the product at Hartford, Conn.; alleging that the article had been 
shipped in interstate commerce between the dates of June 15, 1937, and March 
8, 1938, by A. W. Sisk & Son, in various shipments from Pocomoke, Lineboro,. 
and Westminster, Md.; and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled variously: "Crown of Maryland Early 
June Peas * * * Distributed by Preston Canning Co., Preston, Md."; "Pine 
Cone Brand Early June Peas * * * Albert W. Sisk & Son Distributors 
Preston and Aberdeen Maryland"; "Sky Chief Brand Early June Peas * * * 
Packed by Lineboro Canning Company Inc    Lineboro Md."
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, since the peas were not immature and its package or label did not 
bear a plain and conspicuous statement prescribed by the Secretary indicating 
that it fell below such standard.
On February 25 and May 12, 1938, the Mason Canning Co., Pocomoke, Md., 
claimant for the goods seized at Newark, N. J., and a portion of those seized 
at Boston, Mass., and Albert W. Sisk & Son, claimant for the remainder of the 
goods seized at Boston, Mass., having admitted the allegations of the libels, 
judgments of condemnation were entered in the said actions and the product 
was ordered released under bond conditioned that it be relabeled. On June 30, 
1938, no claim having been entered for the lot seized at Hartford, Conn., it was 
condemned and ordered distributed to charitable institutions.
HARRY L. BROWN, Acting Secretary of Agriculture.