United States v. Kent Food Corp.

CLARK, Circuit Judge.

This appeal presents the question whether food condemned as adulterated in interstate commerce under the prohibition of the Federal Food, Drug, and Cosmetic Act, § 304, 21 U.S.C.A. § 334, may be released to the owners for export to another country. The district court, in an endeavor to conserve food available for human consumption and relying upon a provision of the Act exempting food products intended for export, § 801(d), 21 U.S.C.A. § 381(d), held in favor of the claimant owners. The United States has appealed, contending that such action is beyond the court’s power.

Her…