[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2600 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2600

 To amend the Federal Food, Drug, and Cosmetic Act with respect to the 
 sale or trade of prescription drugs that were knowingly caused to be 
           adulterated or misbranded, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2005

   Mr. Shaw introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Food, Drug, and Cosmetic Act with respect to the 
 sale or trade of prescription drugs that were knowingly caused to be 
           adulterated or misbranded, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Tampering 
Prevention Act of 2005''.

SEC. 2. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE 
              ADULTERATED OR MISBRANDED; KNOWING PURCHASE OR TRADE.

    Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 333(a)) is amended by adding at the end the following paragraph:
    ``(3) Notwithstanding paragraph (1) or (2), in the case of a person 
who violates section 301(a), 301(b), or 301(c) with respect to a drug 
that is subject to section 503(b)(1)(B), if the person knowingly caused 
the drug to be adulterated or misbranded and sells or trades the drug, 
or the person purchases or trades for the drug knowing or having reason 
to know that the drug was knowingly caused to be adulterated or 
misbranded, the person shall be fined in accordance with title 18, 
United States Code, or imprisoned for any term of years or for life, or 
both.''.

SEC. 3. OTHER CRIMINAL PENALTIES; CLARIFICATION REGARDING FINES.

    Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
333(a)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``shall be 
                imprisoned'' and all that follows and inserting the 
                following: ``shall be fined in accordance with title 
                18, United States Code, or imprisoned not more than one 
                year, or both.''; and
                    (B) in paragraph (2), by striking ``shall be 
                imprisoned'' and all that follows and inserting the 
                following: ``shall be fined in accordance with title 
                18, United States Code, or imprisoned not more than 
                three years, or both.''; and
            (2) in subsection (b)(1), in the matter after and below 
        subparagraph (D), by striking ``shall be imprisoned'' and all 
        that follows an inserting the following: ``shall be fined in 
        accordance with title 18, United States Code, or imprisoned not 
        more than 10 years, or both.''.
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