IN THE HOUSE OF REPRESENTATIVES
April 15, 2011
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
To increase criminal penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.
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.’.
Passed the Senate April 4, 2011.