Senate Bill Would Increase Criminal Penalties for Food Adulteration, Misbranding
The Food Safety Enforcement Act of 2010 (S. 3669) introduced by Senator Leahy (D) on July 29, 2010 would increase the criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.
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"Knowing Violations" Would Result in Up to 10 Years Prison, Fines
Under the bill, “knowing violations” of the following prohibited acts with respect to any food would be subject to imprisonment up to 10 years and/or fines under USC Title 18 (Crimes and Criminal Procedures):
- adultering or misbranding food - the adulteration or misbranding of any food in interstate commerce;
- introducing such food into commerce - introduction or delivery for introduction into interstate commerce of any food that is adulterated or misbranded;
- receipt and delivery of such food into commerce - the receipt in interstate commerce of any food, that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise; and
- changing labeling so that it results in misbranding - the 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.
The bill would add these penalties for “knowing violations” to the current penalties for “violations” (up to one year in prison and/or fines up to $1,000) and “violations with the intent to defraud or mislead” (up to three years in prison and/or fines up to $10,000).