30594. Misbrandlnar of canned peas.    17. S. v. 100 Cases and 65 Cases of Canned
Peas. Consent decrees of condemnation. Product released under 
bond for relabeling. (P. & D. Nos. 44615, 44616. Sample Nos. 42214-D, 
42215-D.)
This product fell below the standard established by this Department since the 
peas were not immature, and it was not labeled to indicate that it was 
substandard.
On January 3, 1939, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court two libels praying seizure and condemnation of 165 cases of 
canned peas at Lebanon, Pa.; alleging that the article had been shipped in inter- 
state commerce on or about July 25, 1938, from Milford, Del., by the Torsch 
Canning Co.; and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "Cow-boy Brand June Peas" or "Torsch's 
Conqueror Brand No. 4 Sieve June Peas."
It 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 Agricul- 
ture, since the peas were not immature, and its label did not bear a plain and
conspicuous statement prescribed by regulation of this Department indicating 
that it fell below such standard.
On February 9, 1939, the Torsch Canning Co., claimant, having admitted the 
allegations of the libels and having consented to the entry of decrees, judgments 
of condemnation were entered, and the product was ordered released under bond 
conditioned that it be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.