designated by the Administrator to enter and inspect the plant did not first request and obtain permission to do so.  The statutory provision invoked is section 704 of the Act, 21 U.S.C.A. § 374, which grants authority to enter and inspect for enforcement purposes 'after first making request and obtaining permission of the owner, operator, or custodian' of the factory, warehouse, or establishment involved.  The showing on this subject is as follows:


3
On July 18, 1951, Inspectors Shallit and Allen came to the plant, appellant Dedomenico being then absent in California.  The two identified themselves to the lady receptionist, asked for Dedomenico, and were informed of his absence.  Shallit requested permission to make an inspection and was told by the receptionist that Mr. McDiarmid wasin charge of the plant but that he was not in at the moment but was expected down shortly.  McDiarmid, it appears, was the Company's sales manager.  Shallit then inquired who might grant permission, and the receptionist replied that she would inquire of Mr. Mulvaney, who appears to have been in charge of production.  She left and shortly returned, informing the inspectors that Mulvaney 'didn't feel that he had authority to grant permission to make the inspection.'  The officers waited for McDiarmid, who on arrival granted the permission requested.  The inspection was made July 18 and 19.  It appears that Dedomenico had departed for California on June 28, 1951 and that he returned July 25 following.  A few days after his