[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 216 Referred in House (RFH)]

112th CONGRESS
  1st Session
                                 S. 216


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2011

 Referred to the Committee on Energy and Commerce, and in addition to 
    the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 AN ACT


 
  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,

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.''.

            Passed the Senate April 4, 2011.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.