28757. Misbranding of canned peas.    U. S. v. 191 Cases of Canned Peas.    De¬
cree of condemnation and forfeiture.    Product ordered released under 
bond for relabeling.     (F. & D. No. 41335.    Sample Nos. 66224-C, 66229-C.)
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 January 5, 1938, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 191 cases of canned peas at Moun- 
tain Lake Park, Md., in possession of the Mount Airy Canning Co., alleging 
that the article had been shipped in interstate commerce on or about November 
19, 1937, by the Buxton & Landstreet Co. from Thomas, W. Va., and charg- 
ing misbranding in violation of the Food and Drugs Act. This shipment con- 
sisted of goods formerly shipped by the Mount Airy Canning Co. from Mountain 
Lake Park, Md., and returned to that firm. The article was labeled in part: 
"U8B4 Brand Early June Peas * * * Burton Proctor & Son Distributors 
Preston, Md."
The libel alleged that the article was misbranded in that it was canned food 
and fell below the standard of quality and condition promulgated by the Secre- 
tary of Agriculture, since the peas were not immature and the package or label 
did not bear a plain and conspicuous statement prescribed by the Secretary 
of Agriculture to the effect that it fell below such standard.
On February 3, 1938, the claimant having appeared and having filed an 
answer, judgment of condemnation was entered, and the product was ordered 
released under bond conditioned that it be relabeled under the supervision of 
this Department.
M. Ii. WILSON, Acting Secretary of Agriculture.       '