This is just a reminder that Park and its progeny remain good law.
Finding rat feces in food stuffs, and deciding not to do anything about it, when one is in charge of safety and purity. . . is a felony. No doubt -- specific intent to harm the public is not a required element of that felony. Thus:
. . .[The federal Food and Drug safety laws provide that] supervisory responsibility reposed in them by a business organization not only a positive duty to seek out and remedy violations, but also, and primarily, a duty to implement measures that will insure that violations will not occur, United States v. Dotterweich, supra; in order to make food distributors "the strictest censors of their merchandise," Smith v. California, 361 U. S. 147, 361 U. S. 152, the Act punishes "neglect where the law requires care, or inaction where it imposes a duty." Morissette v. United States, 342 U. S. 246, 342 U. S. 255. Pp. 421 U. S. 670-673. . . .
Great reminder, Anon No. 2. . . onward, grinning!
नमस्ते
No comments:
Post a Comment