II 

Calendar No. 21 

112TH CONGRESS 

1ST SESSION S. 216 

To increase criminal penalties for certain knowing and intentional violations 

relating to food that is misbranded or adulterated. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2011 

Mr. LEAHY (for himself, Ms. KLOBUCHAR, Mr. FRANKEN, Mr. KOHL, Mrs. 

FEINSTEIN, Mr. DURBIN, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

MARCH 31, 2011 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To increase criminal penalties for certain knowing and intentional violations relating to food that is misbranded or 

adulterated. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Food Safety Account5 ability Act of 2011’’. 


sroberts on DSK69SOYB1PROD with BILLS
2 

•S 216 RS

1 SEC. 2. CRIMINAL PENALTIES. 

2 (a) IN GENERAL.—Chapter 47 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 1041. Misbranded and adulterated food 

6 ‘‘(a) DEFINITION.—In this section, the term ‘food’ 

7 has the meaning given that term in section 201 of the 

8 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). 

9 ‘‘(b) OFFENSE.—Any person who violates subsection 

10 (a), (b), (c), or (k) of section 301 of the Federal Food, 

11 Drug, and Cosmetic Act (21 U.S.C. 331) with respect to 

12 any food— 

13 ‘‘(1) knowingly and intentionally to defraud or 

14 mislead; and 

15 ‘‘(2) with conscious or reckless disregard of a 

16 risk of death or serious bodily injury, 

17 shall be fined under this title, imprisoned for not more 

18 than 10 years, or both.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of sections for chapter 47 of title 18, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

‘‘1041. Misbranded and adulterated food.’’. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Food Safety Account25 ability Act of 2011’’. 


sroberts on DSK69SOYB1PROD with BILLS
3 

•S 216 RS

1 SEC. 2. CRIMINAL PENALTIES. 

2 Section 303(a) of the Federal Food, Drug, and Cos3 metic Act (21 U.S.C. 333(a)) is amended— 

4 (1) in paragraph (1), by striking ‘‘Any’’ and in5 serting ‘‘Except as provided in paragraph (2) or (3), 

6 any’’; 

7 (2) in paragraph (2), by striking ‘‘Notwith8 standing the provisions of paragraph (1) of this sec9 tion, if’’ and inserting ‘‘If’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(3) Any person who violates subsection (a), (b), (c), 

12 or (k) of section 301 with respect to any food— 

13 ‘‘(A) knowingly and intentionally to defraud or 

14 mislead; and 

15 ‘‘(B) with conscious or reckless disregard of a 

16 risk of death or serious bodily injury, 

17 shall be fined under title 18, United States Code, impris18 oned for not more than 10 years, or both.’’. 


sroberts on DSK69SOYB1PROD with BILLS
Calendar No. 21 

112TH CONGRESS 

1ST SESSION S. 216 

A BILL 

To increase criminal penalties for certain knowing 

misbranded or adulterated. and intentional violations relating to food that is 

MARCH 31, 2011 

Reported with an amendment 


sroberts on DSK69SOYB1PROD with BILLS