II Calendar No. 584 111th CONGRESS 2d Session S. 3767 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.
1.
Short title
This Act may be cited as the Food Safety Accountability Act of 2010.
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)
In general
It shall be unlawful for any person to knowingly— (1)introduce or deliver for introduction into interstate commerce any food that is adulterated or misbranded; or (2)adulterate or misbrand any food in interstate commerce. (b)
Penalty
Any person who violates subsection (a) 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 2010.
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. .
September 23, 2010 Reported with an amendment