United States v. Dean Starr

Cheney Brothers Food Corporation (the corporation) and its secretary-treasurer, Dean Starr, were charged in a three-count information with violating the Federal Food, Drug and Cosmetic Act (the Act) [June 25, 1938, c. 675, 52 Stat. 1040 ; 21 U.S.C. §§ 301 et seq.], by allowing contamination of food stored in a company warehouse. Both were convicted after a trial to the court. Starr, the only appellant, was fined $200.00 on each count. We affirm.

The information was based upon evidence gathered by an inspector for the Food and Drug Administration (FDA) during two inspections of a company warehouse in the autumn of 1972. The warehouse had been infested with mice after an adjoining field was plowed for farming. The corporation and Mr. Starr, as the one charged with handling sanitation problems, knew of the problem and took some corrective measures.

In his first inspection, leading to count one of the information, the FDA inspector discovered numerous violations of the Act, and detailed these personally to Mr. Cheney, assistant treasurer of the corporation. During this conversation and in the presence of the inspector, Mr. Cheney reprimanded the warehouse janitor, Marks,…