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 the ground that section 301(f) was violated only if the factory operator refuses to allow entry and inspection after previously granting permission. On appeal, held, affirmed. The relevant sections may be read as they were by the court of appeals, or they may be read as making it a misdemeanor to refuse permission on request to enter and inspect. However section 301(f) is read, it does not give fair warning that failure to give permission is a crime. The court will not sanction making the denial or permission an offense, when the act on its face gives that right to the factory operator. United States v. Cardiff, 344 U.S. 174, 73 S.Ct. 189 (1952).
S. I. Shuman,
CONSTITUTIONAL LAW-DUE PROCESS-VAGUE AND INDEFINITE STATUTE,
Mich. L. Rev.
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