United States v. Thriftimart, Inc., a Corporation, Dba Smart & Final Iris Co., Gil P. Stewart, Wm. Todd, Sr., and Robert D. Jensen, Individuals

Appellants have been convicted of violations of the Federal Food, Drug & Cosmetic Act, 21 U.S.C. § 331 (k) and § 333(a). Upon inspection, food in four company warehouses had been found to be infested with insects. Appellant Stewart was supervisor of all company cash and carry wholesale warehouses. Appellants Todd and Jensen were managers of two of the warehouses. Fines were imposed on all appellants.

The principal issue on appeal relates to the constitutionality of searches of appellants’ warehouses conducted by Food & Drug Administration (FDA) inspectors. The inspections were routine and similar ones had been conducted periodically in the past. The inspectors testified that on arrival at the warehouses they approached the managers, filled out and presented their notices of inspection, requested permission to inspect and in each case were told, “Gc ahead” or words of similar import. The inspection notices contained a recitation of 21 U.S.C. § 374 (a), which authorizes FDA inspectors to enter at reasonable times to inspect food warehouses. The inspectors did not have search warrants nor did they advise the warehouse managers that they had a right to insist upon a search…