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Full-Text Articles in Law
Constitutional Law-Due Process-Vague And Indefinite Statute, S. I. Shuman
Constitutional Law-Due Process-Vague And Indefinite Statute, S. I. Shuman
Michigan Law Review
The Food, Drug, and Cosmetic Act by section 301(f) prohibits a factory operator from refusing to permit entry and inspection as provided by section 704. Violation of section 301(f) is made a misdemeanor by section 303(a). Section 704 authorizes persons "duly designated by the Administrator, after first making request and obtaining permission of the . . . operator" of the factory, "to enter" and "to inspect" at "reasonable times." Defendant was convicted by the district court for violating section 301(f), having refused permission to authorized persons to enter and inspect at a reasonable time. The court of appeals reversed, on …
Legislation-Invalidity Of Statutes Framed In Vague Terms, Richard W, Pogue S.Ed
Legislation-Invalidity Of Statutes Framed In Vague Terms, Richard W, Pogue S.Ed
Michigan Law Review
Defendant, president of a corporation which processes apples for shipment in interstate commerce, was convicted of violating §301(f) of the Food, Drug, and Cosmetic Act. That section prohibits "the refusal to permit entry oi inspection as authorized by section 704"; section 704 authorizes federal officers, "after first making request and obtaining permission of the owner, operator or custodian" of the factory "to enter" and "to inspect" the establishment "at reasonable times." Federal authorities requested permission to enter and inspect defendant's factory at reasonable hours, but permission was refused. This refusal was the basis of the conviction. The Court of Appeals …