S. 3767 (111th): Food Safety Accountability Act of 2010

111th Congress, 2009–2010. Text as of Sep 23, 2010 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

S 3767 RS

Calendar No. 584

111th CONGRESS

2d Session

S. 3767

To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

IN THE SENATE OF THE UNITED STATES

September 13, 2010

Mr. LEAHY (for himself, Ms. KLOBUCHAR, Mr. FRANKEN, Mr. DURBIN, Mrs. FEINSTEIN, and Mr. KOHL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

September 23, 2010

Reported by Mr. LEAHY, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Food Safety Accountability Act of 2010’. [<-Struck out]

[Struck out->] SEC. 2. CRIMINAL PENALTIES. [<-Struck out]

    [Struck out->] (a) In General- Chapter 47 of title 18, United States Code, is amended by adding at the end the following: [<-Struck out]

[Struck out->]
‘Sec. 1041. Misbranded and adulterated food [<-Struck out]

    [Struck out->]

    ‘(a) In General- It shall be unlawful for any person to knowingly-- [<-Struck out]

      [Struck out->]

      ‘(1) introduce or deliver for introduction into interstate commerce any food that is adulterated or misbranded; or [<-Struck out]

      [Struck out->]

      ‘(2) adulterate or misbrand any food in interstate commerce. [<-Struck out]

    [Struck out->]

    ‘(b) Penalty- Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 10 years, or both.’. [<-Struck out]

    [Struck out->] (b) Technical and Conforming Amendment- The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: [<-Struck out]

      [Struck out->]

      ‘1041. Misbranded and adulterated food.’. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Food Safety Accountability Act of 2010’.

SEC. 2. CRIMINAL PENALTIES.

    Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended--

      (1) in paragraph (1), by striking ‘Any’ and inserting ‘Except as provided in paragraph (2) or (3), any’;

      (2) in paragraph (2), by striking ‘Notwithstanding the provisions of paragraph (1) of this section, if’ and inserting ‘If’; and

      (3) by adding at the end the following:

    ‘(3) Any person who knowingly violates subsection (a), (b), (c), (k), or (v) of section 301 with respect to any food and with conscious or reckless disregard of a risk of death or serious bodily injury shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.’.

Calendar No. 584

111th CONGRESS

2d Session

S. 3767

A BILL

To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

September 23, 2010

Reported with an amendment