[Congressional Record Volume 156, Number 122 (Monday, September 13, 2010)]
[Senate]
[Pages S7038-S7039]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Ms. Klobuchar, and Mr. Franken):
  S. 3767. A bill to establish appropriate criminal penalties for 
certain knowing violations relating to food that is misbranded or 
adulterated; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today, I am pleased to introduce the Food 
Safety Accountability Act with Senators Klobuchar and Franken. This 
common sense bill will hold criminals who poison our food supply 
accountable for their crimes. It introduces a new criminal provision 
and increases the sentences that prosecutors can seek for people who 
knowingly violate our food safety laws. If it is passed, those who 
knowingly contaminate our food supply and endanger Americans could 
receive up to 10 years in jail.
  This summer, a salmonella outbreak causing hundreds of people to fall 
ill triggered a national egg recall. The cause of the outbreak is still 
under investigation, but salmonella poisoning is all too common and 
sometimes results from inexcusable knowing conduct. Just last year, a 
mother from Vermont, Gabrielle Meunier, testified before the Senate 
Agriculture Committee about her 7-year-old son, Christopher, who became 
severely ill and was hospitalized for 6 days after he developed 
salmonella poisoning from peanut crackers. Thankfully, Christopher 
recovered, and Mrs. Meunier was able to share her story, which 
highlighted for the Committee and for the Senate improvements that are 
needed in our food safety system. No parent should have to go through 
what Mrs. Meunier experienced. The American people should be confident 
that the food they buy for their families is safe.
  Current statutes do not provide sufficient criminal sanctions for 
those who knowingly violate our food safety laws. The fines and recalls 
that usually result from criminal violations under current law fall 
short in protecting the public from harmful products. Too often, those 
who are willing to endanger our children in pursuit of profits view 
such fines or recalls as merely the cost of doing business. Indeed, the 
company responsible for the eggs at the root of the current salmonella 
crisis has a long history of environmental, immigration, labor and food 
safety violations. It is clear that civil and criminal fines are not 
enough to protect the public and effectively deter this unacceptable 
conduct. We need to make sure that those who knowingly poison the food 
supply will go to jail. The bill I introduce today will add a new 
criminal provision and increase sentences for people who put profits 
above safety by knowingly contaminating the food supply.
  After hearing Mrs. Meunier's account, I called on the Department of 
Justice to conduct a criminal investigation into the outbreak of 
salmonella that made Christopher and many others so sick. The outbreak 
was traced to the Peanut Corporation of America. The president of that 
company, Stewart Parnell, came before Congress and invoked his right 
against self-incrimination, refusing to answer questions about his role 
in distributing contaminated peanut products. These products were 
linked to the deaths of nine people and have sickened more than 600 
others. It appears that Parnell knew that peanut products from his 
company had tested positive for deadly salmonella, but rather than 
immediately disposing of the products, he sought ways to sell them 
anyway. The evidence suggests that he knowingly put profit above the 
public's safety. Our laws must be strengthened to ensure this does not 
happen again. This bill significantly increases the chances that those 
who commit food safety crimes will face jail time, rather than a slap 
on the wrist, for their criminal conduct.
  I hope Senators of both parties will act quickly to pass this bill. 
On behalf of Mrs. Meunier and her son, Christopher, as well as the 
hundreds of individuals sickened by this summer's and last year's 
salmonella outbreaks, we must repair our broken food safety system. The 
Justice Department must be given the tools it needs to investigate, 
prosecute, and truly deter crime involving food safety. If Congress 
acts to pass it, this bill will be an important step toward making our 
food supply safer.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3767

       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 2010''.

     SEC. 2. CRIMINAL PENALTIES.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 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

[[Page S7039]]

     title 18, United States Code, is amended by adding at the end 
     the following:

``1041. Misbranded and adulterated food.''.
                                 ______