[Congressional Record Volume 148, Number 136 (Wednesday, October 16, 2002)]
[Senate]
[Page S10594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                PRODUCT PACKAGING PROTECTION ACT OF 2001

  Mr. REID. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 152, S. 1233.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1233) to provide penalties for certain 
     unauthorized writing with respect to consumer products.

  There being no objection, the Senate proceeded to the consideration 
of the bill which had been reported from the Committee on the 
Judiciary, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

  [Strike the part shown in black brackets and insert the part shown in 
italic.]

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Product Packaging 
     Protection Act of 2001''.

     [SEC. 2. TAMPERING WITH CONSUMER PRODUCTS.

       [Section 1365 of title 18, United States Code, is amended--
       [(1) by redesignating subsections (f) and (g) as 
     subsections (g) and (h), respectively; and
       [(2) by inserting after subsection (e) the following new 
     subsection (f):
       [``(f)(1) Whoever, without the consent of the manufacturer, 
     retailer, or authorized distributor, intentionally tampers 
     with a consumer product that is sold in interstate or foreign 
     commerce by knowingly placing or inserting any writing in the 
     consumer product, or the container for the consumer product, 
     before the sale of the consumer product to any consumer shall 
     be fined under this title, imprisoned not more than three 
     years, or both.
       [``(2) As used in paragraph (1) of this subsection, the 
     term `writing' means any form of representation or 
     communication, including handbills, notices, or advertising, 
     that contain letters, words, or pictorial 
     representations.''.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Product Packaging Protection 
     Act of 2001''.

     SEC. 2. TAMPERING WITH CONSUMER PRODUCTS.

       Section 1365 of title 18, United States Code, is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f)(1) Whoever, without the consent of the manufacturer, 
     retailer, or distributor, intentionally tampers with a 
     consumer product that is sold in interstate or foreign 
     commerce by knowingly placing or inserting any writing in the 
     consumer product, or in the container for the consumer 
     product, before the sale of the consumer product to any 
     consumer shall be fined under this title, imprisoned not more 
     than 3 years, or both.
       ``(2) In this subsection, the term `writing' means any form 
     of representation or communication, including handbills, 
     notices, or advertising, that contain letters, words, or 
     pictorial representations.''.
  Mr. KOHL. Mr. President, today the Senate will pass the Product 
Packaging Protection Act of 2002. This bill will help prevent and 
punish a disturbing trend of product tampering--the placement of hate-
filled literature into the boxes of cereal or food that millions of 
Americans bring home from the grocery store every day. I am pleased to 
have worked on this legislation with Senators Hatch, Leahy, DeWine, and 
Durbin, as well as Chairman Sensenbrenner, Congressman Scott, 
Congresswoman Baldwin, and Congresswoman Hart.
  Too many Americans have recently opened groceries and found 
offensive, racist, anti-Semitic, pornographic and hateful leaflets. In 
the last few years, food manufacturers have received numerous 
complaints from consumers who report finding such literature. Hundreds 
more incidents have likely gone unreported. This behavior is outright 
shameful.
  Unfortunately, when consumers or companies turn to the authorities, 
they cannot be helped. According to the FBI and the Food and Drug 
Administration's Office of Criminal Investigation, these actions are 
not covered by federal product tampering statutes. A loophole in 
Federal anti-tampering law allows it to go unpunished. And only a 
couple of state laws are in place. So, the Product Packaging Protection 
Act of 2002 will close this loophole in Federal product tampering law 
and protect consumers.
  I am pleased that the Senate will pass this measure today. We hope 
that the House of Representatives will take up the legislation in a 
timely manner. Then, consumers will be able to rest a little easier 
when it comes to safety of the products they purchase at their local 
grocery store. The Product Packaging Protection Act is a small but 
meaningful thing we can do to make our current laws more effective and 
to give consumers and companies the help they need.
  Mr. REID. Mr. President, I ask unanimous consent that the Kohl 
substitute amendment at the desk be agreed to, the committee substitute 
amendment be agreed to, as amended, the bill, as amended, be read a 
third time and passed, and the motion to reconsider be laid upon the 
table, with no intervening action or debate and that any statements 
relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 4889) was agreed to, as follows:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Product Packaging Protection 
     Act of 2002''.

     SEC. 2. TAMPERING WITH CONSUMER PRODUCTS.

       Section 1365 of title 18, United States Code, is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f)(1) Whoever, without the consent of the manufacturer, 
     retailer, or distributor, intentionally tampers with a 
     consumer product that is sold in interstate or foreign 
     commerce by knowingly placing or inserting any writing in the 
     consumer product, or in the container for the consumer 
     product, before the sale of the consumer product to any 
     consumer shall be fined under this title, imprisoned not more 
     than 1 year, or both.
       ``(2) Notwithstanding the provisions of paragraph (1), if 
     any person commits a violation of this subsection after a 
     prior conviction under this section becomes final, such 
     person shall be fined under this title, imprisoned for not 
     more than 3 years, or both.
       ``(3) In this subsection, the term `writing' means any form 
     of representation or communication, including hand-bills, 
     notices, or advertising, that contain letters, words, or 
     pictorial representations.''.
  The committee amendment, in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 1233), as amended, was read the third time and passed.

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