31068. Misbranding of canned peas. U. S. v. 447 Cases of Canned Peas. Con- 
sent decree of condemnation and forfeiture. Product released under 
bond for relabeling.     (F. & D. No. 45601.    Sample No. 98683-D.)
This product was substandard because the peas were not immature, and 
it was not labeled to indicate that it was substandard.
On March 11, 1940, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel against 447 cases, each containing 24 cans, of peas at 
New York, N. Y.; alleging that the article had been shipped in interstate 
commerce on or about October 17, 1939, by Albert W. Sisk & Son from Preston, 
Md.: and charging that it was misbranded. The article was labeled in part: 
"Fame and Glory Brand Run of Pod Early June Peas * * * Packed by 
John W. Humbert, Union Mills, Md."
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 Agri- 
culture for such canned food, in that the peas were not immature, and its 
package or label did not bear a plain and conspicuous statement prescribed 
by the Secretary of Agriculture indicating that it fell below such standard.
On April 5, 1940, John W. Humbert, Union Mills, Md., having entered a 
claim for the product and having admitted the allegations of the libel, judg- 
ment of condemnation and forfeiture was entered and it was ordered that 
the product be released under bond for relabeling in compliance with the law.
GROVER B. HILL, Acting Secretary of Agriculture.