United States v. Park

Facts

Acme Markets is a national retail food chain with warehouses and outlets around the country. In April of 1970, Acme Markets received notice that a Food and Drug Administration (FDA) inspection found insanitary conditions at the Philadelphia warehouse due to a rodent issue. In 1971, similar conditions were found at Acme Market’s Baltimore warehouse. Though later inspections found that conditions were better, there was still evidence of rodents in the warehouses.

The Chief Compliance Officer of the Baltimore warehouse informed defendant by letter about the FDA warning and initial inspection. Acme Market’s vice president for legal affairs testified that through the company bylaws testified that defendant could delegate normal operating duties like sanitations, but retained certain duties like big picture operations and seeing that everything works together. Defendant testified their organizations structure absolved him of responsibility because sanitation was somebody else’s job. He did not think there was anything more he could do than what was being done at the time. Defendant also admitted to receiving the April 1970 letter about the Baltimore plant, and that letter indicated that the system for handling sanitation was not working “perfectly” and that was something he was ultimately responsible for.