31002. Misbranding of canned peas. V. S. v. 25 Cases of Peas. Default decree 
of condemnation and destruction. (F. & D. No. 45575. Sample No. 
82614-D.)
This product fell below the standard established by this Department because 
the peas were not immature, and it was not labeled to indicate that it was 
substandard.
On November 18, 1939, the United States attorney for the Southern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed a libel against 
25 cases of canned peas at Tampa, Fla., alleging that the article had been shipped 
in interstate commerce on or about October 7, 1939, by W. H. Killian Co. from 
Baltimore, Md.; and charging that it was misbranded. The article was labeled 
in part: "Old Reliable Brand Early June Peas Lord-Mott Co. Baltimore, Md. 
*   *    *   Distributors."
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 Agriculture, 
since the peas were not immature 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 January 31, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
GROVER B. HELL, Acting Secretary of Agriculture. 
£42497°