S.Amdt. 2164
What it does: Adds SEC. 12207. CRIMINAL PENALTIES UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT RELATING TO MISBRANDED OR ADULTERATED FOOD on page 1009, line 11
Sen. Patrick J. Leahy (D-VT)What it changes
1 change to S. 3240
Adds SEC. 12207. CRIMINAL PENALTIES UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT RELATING TO MISBRANDED OR ADULTERATED FOOD on page 1009, line 11
Adds a sectionPrinted pageInserted: SEC. 12207. CRIMINAL PENALTIES UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT RELATING TO MISBRANDED OR ADULTERATED FOOD.
Inserted: Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended--
Inserted: (1) in paragraph (1), by striking "Any" and inserting "Except as provided in paragraph (2) or (3), any";
Inserted: (2) in paragraph (2), by striking "Notwithstanding the provisions of paragraph (1) of this section, if" and inserting "If"; and
Inserted: (3) by adding at the end the following:
Inserted: "(3) Any person who violates subsection (a), (b), (c), or (k) of section 301 with respect to any food--
Inserted: "(A) knowingly and intentionally to defraud or mislead; and
Inserted: "(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.".
Original wording
On page 1009, after line 11, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2164. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:
On page 1009, after line 11, add the following:
SEC. 12207. CRIMINAL PENALTIES UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT RELATING TO MISBRANDED OR ADULTERATED FOOD.
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.”.
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Senate amendment submitted
June 6, 2012