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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 216 Reported in Senate (RS)]

                                                        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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Food Safety Accountability 
Act of 2011''.</DELETED>

<DELETED>SEC. 2. CRIMINAL PENALTIES.</DELETED>

<DELETED>    (a) In General.--Chapter 47 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 1041. Misbranded and adulterated food</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) knowingly and intentionally to defraud or 
        mislead; and</DELETED>
        <DELETED>    ``(2) with conscious or reckless disregard of a 
        risk of death or serious bodily injury,</DELETED>
<DELETED>shall be fined under this title, imprisoned for not more than 
10 years, or both.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``1041. Misbranded and adulterated food.''.

</DELETED>SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Safety Accountability Act of 
2011''.

SEC. 2. CRIMINAL PENALTIES.

    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.''.
                                                        Calendar No. 21

112th CONGRESS

  1st Session

                                 S. 216

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             March 31, 2011

                       Reported with an amendment
```