United States v. Y. Hata & Company, Limited, a Corporation, United States of America v. Minoru Hata

This is an appeal from convictions of a corporation and its agent under the Federal Food, Drug and Cosmetic Act (the Act) [June 25, 1938, c. 675, 52 Stat. 1040 ; 21 U.S.C. § 301 et seg.].

Appellants argue:

We reject both contentions, and affirm.

The indictment was based upon inspections in May and June of 1972 of a multifood storage warehouse owned by Y. Hata & Co., Ltd. (the corporation) on the island of Maui, Hawaii. The Federal Food and Drug Administration (FDA) discovered during those inspections that birds were flying in and out of the warehouse, perching on overhead sprinkler pipes and on bags of rice, and eating from rice bags. Bird excreta were found on some rice bags.

In November 1973, a single, three-count indictment was filed charging the corporation, along with its president, Minoru Hata, and one Randy Ueki, with violations of the Act. After a jury trial both the corporation and Hata were convicted on one count, and acquitted on two. This appeal involves only the convictions on Count III, dealing with adulteration of rice.

I.

THE “OBJECTIVE IMPOSSIBILITY" DEFENSE

A. United States v. Park, 421 U.S. 658 , 95 S.Ct. 1903 , 44 L.Ed.2d 489 (1975).

United…