II
Calendar No. 584
111th CONGRESS
2d Session
S. 3767
IN THE SENATE OF THE UNITED STATES
September 13, 2010
Mr. Leahy (for himself, Ms. Klobuchar, Mr. Franken, Mr. Durbin, Mrs. Feinstein, and Mr. Kohl) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
September 23, 2010
Reported by Mr. Leahy, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.
Short title
This Act may be cited as the
Food Safety Accountability Act of
2010
.
Criminal penalties
In general
Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
Misbranded and adulterated food
In general
It shall be unlawful for any person to knowingly—
introduce or deliver for introduction into interstate commerce any food that is adulterated or misbranded; or
adulterate or misbrand any food in interstate commerce.
Penalty
Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 10 years, or both.
.
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:
.
Short title
This Act may be cited as the
Food Safety Accountability Act of
2010
.
Criminal penalties
Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended—
in paragraph (1), by
striking Any
and inserting Except as provided in
paragraph (2) or (3), any
;
in paragraph (2), by
striking Notwithstanding the provisions of paragraph (1) of this
section, if
and inserting If
; and
by adding at the end the following:
Any person who knowingly violates subsection (a), (b), (c), (k), or (v) of section 301 with respect to any food and 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.
.
September 23, 2010
Reported with an amendment