S. 216 (112th): Food Safety Accountability Act of 2011

112th Congress, 2011–2013. Text as of Mar 31, 2011 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

S 216 RS

Calendar No. 21

112th CONGRESS

1st Session

S. 216

To increase criminal penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.

IN THE SENATE OF THE UNITED STATES

January 27, 2011

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

March 31, 2011

Reported by Mr. LEAHY, with an amendment

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

A BILL

To increase criminal penalties for certain knowing and intentional 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 2011’. [<-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) Definition- In this section, the term ‘food’ has the meaning given that term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). [<-Struck out]

    [Struck out->]

    ‘(b) Offense- Any person who violates subsection (a), (b), (c), or (k) of section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) with respect to any food-- [<-Struck out]

      [Struck out->]

      ‘(1) knowingly and intentionally to defraud or mislead; and [<-Struck out]

      [Struck out->]

      ‘(2) with conscious or reckless disregard of a risk of death or serious bodily injury, [<-Struck out]

    [Struck out->] 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 2011’.

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 violates subsection (a), (b), (c), or (k) of section 301 with respect to any food--

      ‘(A) knowingly and intentionally to defraud or mislead; and

      ‘(B) 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. 21

112th CONGRESS

1st Session

S. 216

A BILL

To increase criminal penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.

March 31, 2011

Reported with an amendment