United States v. Cassaro, Inc.
Decision Date | 10 May 1971 |
Docket Number | No. 7791.,7791. |
Parties | UNITED STATES of America, Appellee, v. CASSARO, INC., and Salvatore Cassaro, Defendants, Appellants. |
Court | U.S. Court of Appeals — First Circuit |
Arthur A. Karp, Boston, Mass., for defendants-appellants.
Paul F. Ware, Jr., Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on brief, for appellee.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
Defendants contend that they are not guilty under the statute because they were not holding the flour for sale, i. e., they were in the business of selling bread and rolls, not flour. When faced with similar problems of statutory interpretation under the Food, Drug and Cosmetic Act, the Supreme Court has consistently accorded the statute a broad construction, e. g., United States v. Wiesenfeld Warehouse Co., 376 U.S. 86, 84 S.Ct. 559, 11 L.Ed.2d 536 (1964) ( ); Kordel v. United States, 335 U.S. 345, 348-350, 69 S.Ct. 106, 93 L.Ed. 52 (1948) ( ); United States v. Sullivan, 332 U.S. 689, 696-697, 68 S.Ct. 331, 92 L.Ed. 297 (1948) ( ).3
The legislative history, the language of the statute itself, and judicial interpretation of similar language in a prior statute all suggest that § 331(k) was intended to apply to the defendants. The legislative history reveals that § 331(k) was designed to protect the channels of interstate commerce by maintaining the integrity of the products in question "up to the time of purchase by the ultimate consumer." 1948 U.S.Code Cong.Service, pp. 2119, 2122.4 Congress reasoned that the adulteration of goods that had been shipped in interstate commerce would lead to consumer dissatisfaction and lack of confidence in those goods, thereby depressing the demand for out-of-state products and making it difficult for out-of-state manufacturers to market them. The knowledge that local bread and rolls have been made with contaminated interstate flour would presumably depress the demand for interstate flour in a similar manner. The statute defines "food" to include not only "articles used for food or drink" but also "articles used for components of any such article." 21 U.S.C. § 321(f) (emphasis added).5 A similar provision in the Pure Food and Drug Act of 1906 dealing with "any article of food * * *, having been transported from one State to another for sale" (emphasis added) was interpreted by the Supreme Court to cover eggs purchased by a baker solely for the purpose of making cookies and cakes. The Court held that this language covered "all articles, compound or single not intended for consumption by the producer." Hipolite Egg Co. v. United States, 220 U.S. 45, 54, 31 S.Ct. 364, 366, 55 L.Ed. 364 (1911). For a similar construction under the present Act, see United States v. 1,800.2625 Wine Gallons, 121 F.Supp. 735 (W.D.Mo.1954).
Accord, Heart of Atlanta Motel v. United States, 379 U.S. 241, 258, 85 S.Ct. 348, 13 L.Ed.2d 258 (1964).
Defendants' contention that flour beetles cannot be considered "filth" under § 342, see note 2 supra, is wholly without merit. Insects and larvae fragments have been held to constitute "filth" in numerous cases, e. g., Golden Grain Macaroni Co. v. United States, 209 F.2d 166, 167-168 (9th Cir. 1953). "Congress intended that the word `filthy', as used in the Act, should be construed to have its usual and ordinary meaning." United States v. Swift & Co., 53 F.Supp. 1018, 1020 (M.D.Ga. 1943). In light of the legislative history discussed supra, we see no reason to read into the statute a requirement that the adulteration be proven injurious to health; consumers have no more desire to eat insect fragments — no matter how harmless — than any other foreign matter. Cf. United States v. 133 Cases of Tomato Paste, 22 F.Supp. 515 (E.D.Pa. 1938). Nor did the government have to prove that a foreign substance was actually found in defendants' bread and rolls since the statute requires only that a "component" thereof be adulterated. 21 U.S.C. § 321(f).
The testimony concerning unsanitary conditions in the area adjacent to the flour conveying system was directly relevant to the charge in the indictment. Although the indictment focused specifically on contamination in the flour conveying equipment, unsanitary conditions in the adjacent area could reasonably be expected to contribute to and increase the likelihood of contamination in the equipment itself. See 21 U.S.C. § 342 (a) (4).
Salvatore Cassaro argues that he cannot be found guilty individually because he was out sick at the time the food and drug officer made his inspection. At trial Salvatore testified that, when he is not present at the bakery, his brother Peter is in charge. However, the food and drug officer testified that, when he asked Salvatore why Peter had failed to appear at an...
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United States v. 1,200 CANS, PASTEURIZED WHOLE EGGS, ETC.
...have their plain, ordinary common meaning. E. g. United States v. Swift & Co., 53 F.Supp. 1018 (M.D.Ga.1943); United States v. Cassaro, Inc., 443 F.2d 153 (1st Cir. 1971). In any event, under the absolute language of the statute, there must exist actual filth, putridity, or decomposition. A......
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United States v. Torigian Laboratories, Inc., 81 Cr. 598.
...under the Act. Hipolite Egg Co. v. United States, 220 U.S. 45, 54 31 S.Ct. 364, 366, 55 L.Ed. 364 (1911); United States v. Cassaro, Inc., 443 F.2d 153, 154, 155 (1st Cir.1971); United States v. Kocmond, 200 F.2d 370 (7th Cir.1952), cert. denied, 345 U.S. 924 73 S.Ct. 782, 97 L.Ed. 1355 (195......
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