[Solved] Barry Engel was president of Gel Spice Company, which imported, processed, and packaged spices. As president, he was responsible for the purchasing and storing of spices in the company’s warehouse

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Barry Engel was president of Gel Spice Company, which imported, processed, and packaged spices. As president, he was responsible for the purchasing and storing of spices in the company’s warehouse in Brooklyn, New York. In June 1972, the Food and Drug Administration (FDA) inspected the Gel Spice warehouse and found widespread rodent infestation. On reinspection in August 1972, the FDA found evidence of continuing infestation. Following the two 1972 inspections, the FDA considered a criminal prosecution against Gel Spice. Before referring the case to the Department of Justice, however, the FDA conducted an additional inspection. At that July 1973 inspection, no evidence of rodent infestation was found, and the criminal prosecution was dropped. Three years later, in July 1976, the FDA inspected Gel Spice and again found active rodent infestation. Four additional inspections were performed from 1977 to 1979, each of which revealed continuing infestation. Thereafter, the government instituted criminal proceedings against Gel Spice and its president, Barry Engel. Under what theory of criminal liability could Engel be held liable for violating the Food, Drug and Cosmetic Act? Can Engel successfully assert any defense? [United States v. Gel Spice Co., 773 F.2d 427 (2d Cir. 1985).]


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