Leahy Reintroduces Bill to Strengthen Criminal Penalties for Certain Food Violations
On January 27, 2011, Senator Leahy (D) reintroduced legislation to strengthen criminal penalties for certain knowing and intentional violations relating to imported or domestic food that is misbranded or adulterated.1
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Judiciary Committee Approved Bill in Sept 2010 but Measure Did Not Advance
According to a Senator Leahy press release, the Senate Judiciary Committee, which he chairs, unanimously approved this legislation in September 2010. (See ITT’s Online Archives or 09/21/10 and 09/27/10 news, 10092116 and 10092717, for BP summaries of the bill as introduced and the Committee’s approval of an amended version of the bill, which was not available at the time of BP’s summary.)
Since Unable to Include Criminal Penalties in Food Safety Bill, “Work Remains”
Leahy states that he had sought to include the criminal penalties legislation in the broader FDA Food Safety Modernization Act (FSMA), but that bill was signed into law on January 4, 2011 without the penalty provisions he sought.2 The Senator believes that despite the important passage of the FSMA, work remains to “hold criminals who poison our food supply accountable for their crimes.”
Would Require Fines, Prison for “Knowing” Food Adulteration/Misbranding
Under the bill, with respect to any food3, any person who “knowingly and intentionally to defraud or mislead” and “with conscious or reckless disregard of a risk of death or serious bodily injury,” and who violates the following provisions, would be fined under Title 18 (Crimes and Criminal Procedure) of U.S. law, imprisoned for not more than 10 years, or both:
- introduction or delivery for introduction into interstate commerce of any food that is adulterated or misbranded;
- adulteration or misbranding of any food in interstate commerce;
- receipt in interstate commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise; or
- alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food if such act is done while such article is held for sale (whether or not the first sale) after shipment in interstate commerce and results in such article being adulterated or misbranded.
Judiciary Committee Consideration of Bill Expected Soon
Senator Leahy states that he expects to schedule Judiciary Committee consideration of the legislation “soon.”
1The bill is cosponsored by Senators Klobuchar (D), Franken (D), Kohl (D), Feinstein (D), and Durbin (D).
2See ITT’s Online Archives or 01/04/11 news, 11010426, for a comprehensive BP summary of the FSMA, signed into law on January 4, 2011.
3The bill states that “food” would have the same meaning as that used under 21 USC 321, in which food means: (1) articles used for food or drink for man or other animals; (2) chewing gum, and (3) articles used for components of any such article.
Senator Leahy press release, dated 01/27/11, available here.