'The government believes that federal employees fulfill their statutory duty to inspect by watching others perform the task. One might as well say that umpires are pitchers because they carefully watch others throw baseballs.'
'The government thinks it can arrive at its position on the basis that the word "inspection" is undefined in the statutes. But the lack of a statutory definition does not render a term ambiguous. It simply leads us to give the term its ordinary, common meaning.'
'One may observe something without paying close attention to it, and without giving it a critical appraisal, although that is what these statutes demand.'
'Both statutes clearly contemplate that when inspections are done, it will be federal inspectors--rather than private employees--who will make the critical determination whether a product is adulterated or unadulterated.'
'To the extent federal employees are doing any systematic inspecting under the Models Project, they are inspecting people not carcasses.'
'Delegating the task of inspecting carcasses to plant employees violates the clear mandates of the FMIA and PPIA.'
U.S. Court of Appeals