[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3767 Reported in Senate (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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Food Safety Accountability 
Act of 2010''.</DELETED>

<DELETED>SEC. 2. CRIMINAL PENALTIES.</DELETED>

<DELETED>    (a) In General.--Chapter 47 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 1041. Misbranded and adulterated food</DELETED>
<DELETED>    ``(a) In General.--It shall be unlawful for any person to 
knowingly--</DELETED>
        <DELETED>    ``(1) introduce or deliver for introduction into 
        interstate commerce any food that is adulterated or misbranded; 
        or</DELETED>
        <DELETED>    ``(2) adulterate or misbrand any food in 
        interstate commerce.</DELETED>
<DELETED>    ``(b) Penalty.--Any person who violates subsection (a) 
shall be fined under this title, imprisoned for not more than 10 years, 
or both.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``1041. Misbranded and adulterated food.''.

</DELETED>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