I 

111TH CONGRESS 

1ST SESSION H. R. 1450 

To amend the Federal Food, Drug, and Cosmetic Act with respect to 

counterfeit drugs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2009 

Mr. ROGERS of Michigan (for himself, Mr. GENE GREEN of Texas, Mr. 

BUYER, Mr. UPTON, and Mr. BURGESS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act with 

respect to counterfeit drugs, and for other purposes. 

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 ‘‘Counterfeit Drug Pre5 vention Act of 2009’’. 


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1 SEC. 2. PENALTIES REGARDING COUNTERFEIT DRUGS. 

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

4 the end the following paragraph: 

5 ‘‘(3) Notwithstanding paragraph (1) or (2), any per6 son who engages in any conduct described in section 

7 301(i)(2) knowing that the conduct concerns the rendering 

8 of a drug as a counterfeit drug, or who engages in conduct 

9 described in section 301(i)(3) knowing that the conduct 

10 will cause a drug to be a counterfeit drug or knowing that 

11 a drug held, sold, or dispensed is a counterfeit drug, shall 

12 be fined in accordance with title 18, United States Code, 

13 or imprisoned not more than 20 years, or both, except that 

14 if the use of the counterfeit drug by a consumer is the 

15 proximate cause of the death of the consumer, the term 

16 of imprisonment shall be any term of years or for life.’’. 

17 SEC. 3. OTHER CRIMINAL PENALTIES; CLARIFICATION RE18 GARDING FINES. 

19 Section 303 of the Federal Food, Drug, and Cosmetic 

20 Act (21 U.S.C. 333(a)) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1), by striking ‘‘shall be 

23 imprisoned’’ and all that follows and inserting 

24 the following: ‘‘shall be fined in accordance with 

25 title 18, United States Code, or imprisoned not 

26 more than one year, or both.’’; and 


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1 (B) in paragraph (2), by striking ‘‘shall be 

2 imprisoned’’ and all that follows and inserting 

3 the following: ‘‘shall be fined in accordance with 

4 title 18, United States Code, or imprisoned not 

5 more than three years, or both.’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (1), in the matter after 

8 and below subparagraph (D), by striking ‘‘shall 

9 be imprisoned’’ and all that follows an inserting 

10 the following: ‘‘shall be fined in accordance with 

11 title 18, United States Code, or imprisoned not 

12 more than 10 years, or both.’’; and 

13 (B) in paragraph (6), by striking ‘‘shall be 

14 imprisoned’’ and all that follows and inserting 

15 the following: ‘‘shall be fined in accordance with 

16 title 18, United States Code, or imprisoned not 

17 more than 10 years, or both.’’. 

Æ 


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