United States v. New England Grocers Supply Co.

OPINION

CAFFREY, Chief Judge.

This is an appeal from defendants’ convictions for violating § 301(k) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 331(k). On July 6, 1976 the government filed a seven count information charging New England Grocer Supply Co. (NEGSC) and five individual defendants with causing certain foodstuffs to become adulterated, within the meaning of 21 U.S.C. §§ 342(a)(3) and (4), 1 while being held for sale after shipment in interstate commerce, in violation of .21 U.S.C. § 331(k). 2 The defendants waived their right to trial by jury before a district court judge…