[Congressional Record Volume 157, Number 12 (Thursday, January 27, 2011)]
[Senate]
[Pages S339-S340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Ms. Klobuchar, Mr. Franken, Mr. Kohl, 
        Mrs. Feinstein, and Mr. Durbin):
  S. 216. A bill to increase criminal penalties for certain knowing and 
intentional violations relating to food that is misbranded or 
adulterated; to the Committee on the Judiciary.


 =========================== NOTE =========================== 

  
  On page S339, January 27, 2011, in the middle column, under the 
heading STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS, the 
following appears: By Mr. LEAHY (for himself, Ms. KLOBUCHAR, Mr. 
FRANKEN, Mr. KOHL, Mrs. FEINSTEIN, and Mr. DURBIN): S. 216. A bill 
to increase criminal penalties for certain knowing and 
international violations relating to food that is misbranded or 
adulterated; to the Committee on the Judiciary.
  
  The online Record has been corrected to read: By Mr. LEAHY (for 
himself, Ms. KLOBUCHAR, Mr. FRANKEN, Mr. KOHL, Mrs. FEINSTEIN, and 
Mr. DURBIN): S. 216. A bill to increase criminal penalties for 
certain knowing and intentional violations relating to food that 
is misbranded or adulterated; to the Committee on the Judiciary.


 ========================= END NOTE ========================= 

  Mr. LEAHY. Mr. President, today, I am pleased to introduce 
legislation to hold criminals who poison our food supply accountable 
for their crimes. This is an issue that received considerable attention 
last year, and I was pleased that the Congress finally passed 
comprehensive food safety reforms. But our work is not done. The Food 
Safety Accountability Act increases the sentences that prosecutors can 
seek for people who violate our food safety laws in those cases where 
there is conscious or reckless disregard of a risk of death or serious 
bodily injury. The legislation I propose will allow law enforcement to 
seek sentences of up to 10 years in jail for those who contaminate our 
food supply with the intent to mislead or defraud consumers, and 
endanger Americans.
  Last year, I introduced similar legislation which received unanimous 
support from the Senate Judiciary Committee. I hope the Judiciary 
Committee, and the full Senate, will give it the same consideration 
this year. I'd like to thank Senator Klobuchar and Senator Franken for 
their ongoing support of the bill. Senator Sessions, Senator Hatch, 
Senator Coburn, and Senator Grassley had concerns about its breadth, 
and we were able to work together to address these concerns in the 
legislation I introduce today.
  Just last summer, a salmonella outbreak caused hundreds of people to 
fall ill and triggered a national egg recall. The company responsible 
for the eggs at the root of this summer's salmonella crisis had a long 
history of environmental, immigration, labor, and food safety 
violations. It is clear that fines are not enough to protect the public 
and effectively deter this unacceptable conduct. We need to make sure 
that those who intentionally poison the food supply will go to jail. 
The Food Safety Accountability Act will help to do that in the most 
egregious cases.
  Current statutes do not provide sufficient criminal sanctions for 
those who violate our food safety laws with the intent to mislead or 
defraud. Doing so is already illegal, but it is merely a misdemeanor 
right now, and the Sentencing Commission has found that it generally 
does not result in jail time. 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.
  In the last Congress, a mother from Vermont, Gabrielle Meunier, 
testified before the Senate Agriculture Committee about her seven-year-
old son, Christopher, who became severely ill and was hospitalized for 
six days after he developed salmonella poisoning from peanut crackers. 
Thankfully, Christopher recovered, but Mrs. Meunier's story highlighted 
improvements that are needed in our food safety system. No parent 
should have to go through what she experienced. The American people 
should be confident that the food they buy for their families is safe.
  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. These 
products were linked to the deaths of nine people and have sickened 
more than 600 others. It appears that the company responsible knew that 
their peanut products had tested positive for deadly salmonella, but 
rather than immediately disposing of the products, the company sought 
ways to sell them anyway. The evidence suggests that the public was 
misled, and that the company put profit above the public's safety. The 
Food Safety Accountability Act increases the chances that those who 
disregard the safety of Americans and commit food safety crimes will 
face jail time, rather than merely a slap on the wrist, for their 
criminal conduct.
  On behalf of the hundreds of individuals sickened by recent 
salmonella outbreaks, I hope Senators of both parties will act swiftly 
to pass this bill. We have come a long way, but must continue to be 
diligent to ensure that our food safety system is strong. The Justice 
Department must be given the tools it needs to investigate and 
prosecute crime involving food safety, and we must work together, from 
farm to

[[Page S340]]

fork, to improve the safety of food in this country.
  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. 216

       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.

       (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) Definition.--In this section, the term `food' has the 
     meaning given that term in section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321).
       ``(b) Offense.--Any person who violates subsection (a), 
     (b), (c), or (k) of section 301 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 331) with respect to any food--
       ``(1) knowingly and intentionally to defraud or mislead; 
     and
       ``(2) with conscious or reckless disregard of a risk of 
     death or serious bodily injury,
     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.''.
                                 ______