[Congressional Record Volume 157, Number 158 (Thursday, October 20, 2011)]
[Senate]
[Pages S6875-S6876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Ms. Collins, Mr. Schumer, Mrs. 
        Gillibrand, Mr. Sanders, and Ms. Snowe):
  S. 1742. A bill to amend title 18, United States Code, to prohibit 
fraudulently representing a product to be maple syrup; to the Committee 
on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to be joined by Senators 
Collins, Schumer, Sanders and Gillibrand as we introduce this 
legislation to hold accountable those criminals who fraudulently sell 
what they call ``maple'' syrup.
  Vermont iconic maple syrup--painstakingly produced, and prized across 
the Nation and beyond--is one of our state's fine, high-quality, 
natural products. I have been alarmed by the growing number of 
individuals and businesses claiming to sell genuine Vermont maple syrup 
when they are in fact selling an inferior product that is not maple 
syrup at all. This is fraud, plain and simple, and it undermines a key 
part of Vermont's economy and reputation for quality that has been 
hard-earned through Vermonters' hard work. I know that diligent syrup 
producers in Maine, New York, and other States have been similarly hurt 
by this crime. Our bill, the Maple Agriculture Protection and Law 
Enforcement, or ``MAPLE''Act, will deter this criminal conduct.
  The MAPLE Act creates a felony offense with a 5-year maximum penalty 
for fraudulently selling a product purported to be maple syrup that is 
not, in fact, maple syrup. Under current law, doing so is only a 
misdemeanor offense with a one year penalty.
  The sale of fraudulent maple syrup is a real problem facing consumers 
and producers. Recently, Vermont U.S. Attorney Tris Coffin sought an 
indictment after a Food and Drug Administration investigation revealed 
that a Rhode Island man had been selling cane sugar-based syrup as 
``maple'' syrup and representing to consumers that the syrup was 
authentic. The legislation we introduce today will more effectively 
protect consumers and the maple industry by punishing and deterring 
this deceptive conduct.
  Vermonters, and consumers across the country, should be confident 
that when they buy food, they know exactly what they are getting. The 
fines that may result from criminal violations under current law are 
often not enough to protect the public from harmful or fraudulent 
products. Too often, those who are willing to endanger our livelihoods 
in pursuit of their profits see fines as just a cost of doing business. 
We need to make sure that those who intentionally deceive consumers get 
a trip to jail, not a slap on the wrist. Schemers should not easily be 
able to sully the seal of quality that is associated with genuine 
Vermont maple syrup.
  I have a longstanding commitment to comprehensive food safety and 
food integrity reforms, and our work is not done. Earlier this year, 
the Senate unanimously passed my Food Safety Accountability Act, which 
would hold those criminals who intentionally poison our food supply 
accountable for their crimes. I urge the House to pass that 
noncontroversial bill, and I hope that all Senators will join us in 
supporting the MAPLE Act.
  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. 1742

       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 ``Maple Agriculture Protection 
     and Law Enforcement Act of 2011'' or the ``MAPLE Act''.

     SEC. 2. FRAUDULENTLY REPRESENTING A PRODUCT AS MAPLE SYRUP.

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

     ``Sec. 1041. Fraudulently representing a product as maple 
       syrup

       ``(a) Definition.--In this section, the term `maple syrup' 
     means a liquid food--

[[Page S6876]]

       ``(1) derived by--
       ``(A) concentration and heat treatment of the sap of a 
     species of tree in the genus Acer (commonly known as `maple 
     trees'); or
       ``(B) solution in water of maple sugar (commonly know as 
     `maple concrete') made from the sap of a species of tree in 
     the genus Acer;
       ``(2) that is not less than 66 percent by weight of soluble 
     solids derived solely from the sap of a species of tree in 
     the genus Acer; and
       ``(3) the concentration of which may be adjusted by adding 
     water.
       ``(b) Offense.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any person to knowingly and willfully 
     introduce or deliver for introduction into interstate 
     commerce a product that is labeled as maple syrup and that is 
     not maple syrup.
       ``(2) Exception.--Paragraph (1) shall not apply to a 
     product labeled as maple syrup that is not maple syrup if the 
     label also includes a clear identification of the true nature 
     of the product.
       ``(c) Penalty.--Any person that violates subsection (b) 
     shall be fined under this title, imprisoned for not more than 
     5 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. Fraudulently representing a product as maple syrup.''.
                                 ______