An act to amend title 18 of the United States Code to prohibit certain tampering with consumer products, and for other purposes.
PL 98-127 (S.216), enacted 10/13/1983

PUBLIC LAW 98-127—OCT. 13, 1983 
97 STAT. 831 
Public Law 98-127 
98th Congress 
An Act 
To amend title 18 of the United States Code to prohibit certain tampering with 
consumer products, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "Federal Anti-Tampering Act". 
SEC. 2. Chapter 65 of title 18 of the United States Code is amended 
by adding at the end thereof the following new section: 
"§ 1365. Tampering with consumer products 
"(a) Whoever, with reckless disregard for the risk that another 
person will be placed in danger of death or bodily injury and under 
circumstances manifesting extreme indifference to such risk, 
tampers with any consumer product that affects interstate or for-
eign commerce, or the labeling of, or container for, any such prod-
uct, or attempts to do so, shall— 
"(1) in the case of an attempt, be fined not more than $25,000 
or imprisoned not more than ten years, or both; 
"(2) if death of an individual results, be fined not more than 
$100,000 or imprisoned for any term of years or for life, or both; 
"(3) if serious bodily injury to any individual results, be fined 
not more than $100,000 or imprisoned not more than twenty 
years, or both; and 
"(4) in any other case, be fined not more than $50,000 or 
imprisoned not more than ten years, or both. 
"(b) Whoever, with intent to cause serious injury to the business of 
any person, taints any consumer product or renders materially false 
or misleading the labeling of, or container for, a consumer product, 
if such consumer product affects interstate or foreign commerce, 
shall be fined not more than $10,000 or imprisoned not more than 
three years, or both. 
"(c)(1) Whoever knowingly communicates false information that a 
consumer product has been tainted, if such product or the results of 
such communication affect interstate or foreign commerce, and if 
such tainting, had it occurred, would create a risk of death or bodily 
injury to another person, shall be fined not more than $25,000 or 
imprisoned not more than five years, or both. 
"(2) As used in paragraph (1) of this subsection, the term 'commu-
nicates false information' means communicates information that is 
false and that the communicator knows is false, under circum-
stances in which the information may reasonably be expected to be 
believed. 
"(d) Whoever knowingly threatens, under circumstances in which 
the threat may reasonably be expected to be believed, that conduct 
that, if it occurred, would violate subsection (a) of this section will 
occur, shall be fined not more than $25,000 or imprisoned not more 
than five years, or both. 
Oct. 13, 1983 
[S. 216] 
Federal Anti-
Tampering Act. 
18 u s e 1365 
note. 
Fines or 
imprisonments. 
18 u s e 1365. 
"Communicates 
false 
information." 
97 STAT. 832 
PUBLIC LAW 98-127—OCT. 13, 1983 
Fine or 
imprisonment. 
Investigation of 
violations. 
Definitions. 
35 u s e 155A. 
35 u s e 154. 
"(e) Whoever is a party to a conspiracy of two or more persons to 
commit an offense under subsection (a) of this section, if any of the 
parties intentionally engages in any conduct in furtherance of such 
offense, shall be fined not more than $25,000 or imprisoned not more 
than ten years, or both. 
"(f) In addition to any other agency which has authority to 
investigate violations of this section, the Food and Drug Administra-
tion and the Department of Agriculture, respectively, have author-
ity to investigate violations of this section involving a consumer 
product that is regulated by a provision of law such Administration 
or Department, as the case may be, administers. 
"(g) As used in this section— 
"(1) the term 'consumer product* means— 
"(A) any 'food', 'drug', device', or 'cosmetic', as those 
terms are respectively defined in section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321); or 
"(B) any etrticle, product, or commodity which is custom-
arily produced or distributed for consumption by individ-
uals, or use by individuals for purposes of personal care or 
in the performance of services ordinarily rendered within 
the household, and which is designed to be consumed or 
expended in the course of such consumption or use; 
"(2) the term 'labeling' has the meaning given such term in 
section 201(m) of the Federal Food, Drug, and CDosmetic Act (21 
U.S.C. 321(m)); 
"(3) the term 'serious bodily injury' means bodily injury 
which involves— 
"(A) a substantial risk of death; 
"(B) extreme physical pain; 
"(C) protracted and obvious disfigurement; or 
"(D) protracted loss or impairment of the function of a 
bodily member, organ, or ment£d faculty; and 
"(4) the term 'bodily injury' means— 
"(A) a cut, abrasion, bruise, burn, or disfigurement; 
"(B) physical pain; 
"(C) illness; 
"(D) impairment of the function of a bodily member, 
organ, or mental faculty; or 
"(E) any other injury to the body, no matter how 
temporary.". 
SEC. 3. The table of sections at the beginning of chapter 65 of title 
18 of the United States Code is amended by adding at the end 
thereof the following new item: 
"1365. Tampering with consumer products.". 
SEC. 4. (a) Title 35 of the United States Code is amended by 
inserting after section 155 the following new section: 
"§ 155A. Patent term restoration 
"(a) Notwithstanding section 154 of this title, the term of each of 
the following patents shall be extended in accordance with this 
section: 
"(1) Any patent which encompasses within its scope a compo-
sition of matter which is a new drug product, if during the 
regulatory review of the product by the Federal Food and Drug 
Administration— 
PUBLIC LAW 98-127—OCT. 13, 1983 
97 STAT. 833 
"(A) the Federal Food and Drug Administration notified 
the patentee, by letter dated February 20, 1976, that such 
product's new drug application was not approvable under 
section 505(bXl) of the Federal Food, Drug and Cosmetic 
Act; 
"(B) in 1977 the patentee submitted to the Federal Food 
and Drug Administration the results of a health effects test 
to evaluate the carcinogenic potential of such product; 
"(C) the Federal Food and Drug Administration approved, 
by letter dated December 18,1979, the new drug application 
for such product; and 
"(D) the Federal Food and Drug Administration 
approved, by letter dated May 26, 1981, a supplementary 
application covering the facility for the production of such 
product. 
"(2) Any patent which encompasses within its scope a process 
for using the composition of matter described in paragraph (1). 
"(b) The term of any patent described in subsection (a) shall be 
extended for a period equal to the period beginning February 20, 
1976, and ending May 26,1981, and such patent shall have the effect 
as if originally issued with such extended term. 
"(c) The patentee of any patent described in subsection (a) of this 
section shall, within ninety days after the date of enactment of this 
section, notify the Commissioner of Patents and Trademarks of the 
number of any patent so extended. On receipt of such notice, the 
Commissioner shall confirm such extension by placing a notice 
thereof in the official file of such patent and publishing an appropri-
ate notice of such extension in the Official Gazette of the Patent and 
Trademark Office.". 
(b) The table of sections at the beginning of chapter 14 of such title 
35 is amended by adding at the end thereof the following: 
"155A. Patent term restoration.". 
21 use 355. 
Extension. 
Notification of 
patent number. 
Extension 
confirmation. 
Approved October 13, 1983. 
LEGISLATIVE HISTORY—S. 216 (H.R. 2174): 
HOUSE REPORT No. 98-93 accompanying H.R. 2174 (Comm. on the Judiciary). 
SENATE REPORT No. 98-69 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
May 9, H.R. 2174 considered and passed House; S. 216 considered and passed 
Senate. 
Sept. 29, considered and passed House, amended, in lieu of H.R. 2174. 
Sept. 30, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 41 (1983): 
Oct. 14, Presidential statement. 
11-194 O - 85 ~ 
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