Senate-Passed Bill Would Make Certain Food Adulteration a Felony
The Food Safety Accountability Act (S. 216) which passed in the Senate on April 14, 2011, would strengthen criminal penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.
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(Although the Senate has passed S. 216, it is not yet in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate, and then the bill must be approved (enacted) by the President.)
Would Require Fines & Prison for “Knowing” Food Adulteration/Misbranding
Under the bill, with respect to any food, a person who “knowingly and intentionally to defraud or mislead” and “with conscious or reckless disregard of a risk of death or serious bodily injury” violates the following provisions, would be (i) fined under Title 18 (Crimes and Criminal Procedure) of U.S. law; and/or (ii) imprisoned for not more than 10 years:
- 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.
Would Increase Offenses from Misdemeanors to Felonies
According to a press release by Senator Leahy, chair of the Senate Judiciary Committee who introduced the bill along with six other Democratic cosponsors1 in January, the bill would increase penalties for the above offenses from misdemeanors to felonies.
Currently, under 21 USC 333 on penalties, any person who is convicted of violating the above provisions on adulteration or misbranding of food with the intent to defraud or mislead must pay a penalty of not more than $10,000 and/or serve three years in prison.
However, the bill would include imprisonment of up to 10 years. In addition, subjecting such violations to Title 18 would mean criminal fines of up to $250,000 for individuals and up to $500,000 for organizations - or more, depending on the circumstances.
Previous Efforts to Pass Bill or Include in Food Safety Legislation Unsuccessful
Senator Leahy introduced a similar bill in the previous Congress, but it failed to move forward. In addition, his efforts to include this criminal penalty legislation in the broader FDA Food Safety Modernization Act (which became law on January 4, 2011) were also unsuccessful.
(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 approved by the Senate Judiciary Committee in September 2010.)
Passage by Unanimous Consent in Senate May Indicate Bill Now Has More Support
There may be more support for the bill at this time as it was unanimously approved by the Senate Judiciary Committee in March and it has now passed in the Senate by unanimous consent.
The bill has been referred to the House Energy and Commerce Committee.
1Senators Blumenthal (D), Durbin (D), Feinstein (D), Franken (D), Klobuchar (D), Kohl (D).
(See ITT’s Online Archives or 02/14/11 and 04/18/11 news, 11021425 and 11041808, for BP summaries of S. 216 being introduced and initial BP summary announcing the Senate had passed the bill.)
Senator Leahy press release, dated 04/15/11, available here.