21463. Adulteration of egg noodles.   U. S. v. Frank J. Steiner.   Motion to sup- 
press evidence denied in part.   Plea of guilty.   Fine, $1,000.    (F. D. C.
No. 34320.    Sample Nos. 36885-L. to 36887-L, incl.)
INFORMATION FILED: April 20, 1953, against Frank J. Steiner, a partner in 
the partnership of Steiner & Co., New York, N. Y.
ALLEGED SHIPMENT: On or about September 11, 1952, from the State of New 
York into the State of New Jersey.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted 
in part of a filthy substance by reason of the presence of insect fragments 
and rodent hairs; and, Section 402 (a) (4), the article was prepared, packed, 
and held under insanitary conditions whereby it may have become contami- 
nated with filth.
DISPOSITION : The defendant filed a motion for a bill of particulars, which the 
court, on June 29, 1953, granted in part. Thereafter, the defendant filed 
a motion for an order to suppress certain evidence obtained by the Food and 
Drug Administration during inspections of the defendant's plant; and, on 
February 18, 1954, after consideration of the briefs and arguments of counsel, 
the court handed down the following opinion:
WEINPELD, District Judge: "Upon observation of the witnesses and their de- 
meanor and a further careful review and analysis of the evidence upon the 
hearing, the conclusion is compelled that the defendant freely and knowingly 
consented to, and acquiesced in, the inspection of the premises and the taking 
of photographs on September 9th and September 23rd. The defendant's ac- 
tions, conduct, and his assistance to Government agents during the course of 
the inspection fully establish such consent as if it had been formalized in a 
written document.
"Unless we are to interpret the inspection provision of the Federal Food, 
Drug and Cosmetic Act, 21 U. S. C. § 374, to require that a ceremonial and 
formal request be made and that the consent be executed in like manner, the 
evidence overwhelmingly establishes that the requirements of the statute as 
to request and consent were fully met on both occasions when the defendant 
was present.1 With respect to that part of the inspection on September 23rd, 
when the defendant was absent and when Exhibits 5A and 5B were taken, 
upon this record no authority has been shown in Weiner, an employee of the 
defendant, to grant consent on behalf of the defendant on that occasion, and 
none may be implied.
"The motion to quash is denied, except as to Exhibits 5A and 5B, and all 
evidence obtained during the inspection in the absence of Steiner, as to which 
it is granted."
1 C. United States v. Crescent-Kelvan Co., 3 Cir., 164 F. 2d 582; Golden Grain Macaroni 
Company, Inc. v. United States, 9 Cir., * * * F. 2d * * *, decided) December 28th, 1953.
On July 22,1954, following a plea of guilty by the defendant, the court fined 
him $1,000.