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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Counterfeit Drug Pre-
vention Act of 2009’’. 
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SEC. 2. PENALTIES REGARDING COUNTERFEIT DRUGS. 
Section 303(a) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 333(a)) is amended by adding at 
the end the following paragraph: 
‘‘(3) Notwithstanding paragraph (1) or (2), any per-
son who engages in any conduct described in section 
301(i)(2) knowing that the conduct concerns the rendering 
of a drug as a counterfeit drug, or who engages in conduct 
described in section 301(i)(3) knowing that the conduct 
will cause a drug to be a counterfeit drug or knowing that 
a drug held, sold, or dispensed is a counterfeit drug, shall 
be fined in accordance with title 18, United States Code, 
or imprisoned not more than 20 years, or both, except that 
if the use of the counterfeit drug by a consumer is the 
proximate cause of the death of the consumer, the term 
of imprisonment shall be any term of years or for life.’’. 
SEC. 3. OTHER CRIMINAL PENALTIES; CLARIFICATION RE-
GARDING FINES. 
Section 303 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 333(a)) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘shall be 
imprisoned’’ and all that follows and inserting 
the following: ‘‘shall be fined in accordance with 
title 18, United States Code, or imprisoned not 
more than one year, or both.’’; and 
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(B) in paragraph (2), by striking ‘‘shall be 
imprisoned’’ and all that follows and inserting 
the following: ‘‘shall be fined in accordance with 
title 18, United States Code, or imprisoned not 
more than three years, or both.’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), in the matter after 
and below subparagraph (D), by striking ‘‘shall 
be imprisoned’’ and all that follows an inserting 
the following: ‘‘shall be fined in accordance with 
title 18, United States Code, or imprisoned not 
more than 10 years, or both.’’; and 
(B) in paragraph (6), by striking ‘‘shall be 
imprisoned’’ and all that follows and inserting 
the following: ‘‘shall be fined in accordance with 
title 18, United States Code, or imprisoned not 
more than 10 years, or both.’’. 
Æ 
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