26313. Adulteration of canned peas.    U. S. v. 104 Cases of Canned Peas.    Con¬
sent   decree   of   condemnation   and   destruction.     (F.   &   D.   no.   87469. 
Sample no. 65055-B.)
This case involved canned peas that were infested with pea weevil.
On March 27, 1936, the United States attorney for the Eastern District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 104 cases of canned 
peas at Spokane, Wash., alleging that the article had been shipped in inter- 
state commerce on or about October 11, 1935, by the P. J. Burk Canning Co., 
from Athena, Oreg., and charging adulteration in violation of the Food and 
Drugs Act. The article was labeled in part: (Can) "Fresh Flavor Brand 
Peas * * * Packed by P. J. Burk Canning Company, Inc. Athena, 
Oregon."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a decomposed and filthy vegetable substance.
On September 16, 1938, the P. J. Burk Canning Co., Milton, Oreg., having 
consented to the entry of a decree, judgment of condemnation was entered 
ordering that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.