New Bill on Criminal Penalties for Certain Food Violations Set for Sept 23 Markup
The Food Safety Accountability Act of 2010 (S. 3767), which was introduced by Senate Judiciary Committee Chair Leahy (D) and three co-sponsors1 on September 13, 2010, would establish criminal penalties for “knowing” violations relating to food that is misbranded or adulterated.
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Would Require Fines & Imprisonment for “Knowing” Food Adulteration, Misbranding
The bill would make any person who knowingly commits the following violations subject to criminal fines and/or imprisonment of up to ten years:
(i) introducing or delivering for introduction into interstate commerce any food that is adulterated or misbranded; or
(ii) adulterating or misbranding food in interstate commerce.
Scheduled for Judiciary Committee Mark-up on Sept 23
The Senate Judiciary Committee is scheduled to mark-up2 the bill during its Executive Business meeting on September 23, 2010. However, committee sources state that there may not be enough time to consider the bill due to the large number of agenda items scheduled for that meeting.
Similar to Criminal Penalty Provisions in House-Passed Food Safety Bill
The criminal penalties in this new bill are similar to those in the larger, House-passed food safety legislation, H.R. 2749. The manager’s amendment version of the Senate food safety legislation (which Senate sources have previously stated could be brought to the Senate floor in September) does not yet have food safety criminal penalty provisions.3
Senator Leahy has stated that he wants to ensure that this penalty bill has moved through the committee mark-up process before Senate consideration of broader food safety legislation.
Bill is Result of Egg Recalls, Need to Protect Public
According to a press release by Senator Leahy, he is pushing for the legislation following a recent national recall of eggs linked to hundreds of cases of salmonella poisoning across the country, as he believes that the fines and recalls that usually result from criminal violations under current law fall short in protecting the public.
1S. 3767 is co-sponsored by Senators Durbin (D), Klobuchar (D), and Franken (D).
2The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
3H.R. 2749 would make any person who knowingly violates certain adulteration, misbranding, and dietary supplement provisions subject to criminal fines and/or imprisonment of up to ten years. (See ITT’s Online Archives or 08/04/09 news, 09080415, for BP summary.)
See ITT’s Online Archives or 09/07/10 news, 10090717, for BP summary of a manager’s amendment to S. 510, the FDA Food Safety Modernization Act, which is expected to be brought to the Senate floor in September and which does not increase criminal penalties for food safety violations.