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

II

Calendar No. 21

112th CONGRESS

1st Session

S. 216

IN THE SENATE OF THE UNITED STATES

January 27, 2011

(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 , 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.

1.

Short title

This Act may be cited as the Food Safety Accountability Act of 2011.

2.

Criminal penalties

(a)

In general

Chapter 47 of title 18, United States Code, is amended by adding at the end the following:

1041.

Misbranded and adulterated food

(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).

(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—

(1)

knowingly and intentionally to defraud or mislead; and

(2)

with conscious or reckless disregard of a risk of death or serious bodily injury,

shall be fined under this title, imprisoned for not more than 10 years, or both.

.

(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:

1041. Misbranded and adulterated food.

.

1.

Short title

This Act may be cited as the Food Safety Accountability Act of 2011.

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.

.

March 31, 2011

Reported with an amendment