Personal Injury Law

If we are not going to inspect people who poison us, let's just throw them in jail

By Bill Marler, Esq.

Even the folks who fought against S. 510, have to admit that the FDA does not have the resources to inspect domestic food production less alone imports for pathogens that can kill you.

Perhaps Senator Patrick Leahy (D-VT), has an idea. He has introduced to bills, S. 3767 (Food Safety Accountability Act) and S. 3669 (Food Safety Enforcement Act of 2010). S. 3767 would amend Title 18 of the U.S. Code (Chapter 47 – Fraud and False Statements) to add a new section – § 1041 Misbranded and adulterated food – making it unlawful for any person to knowingly: '(1) introduce or deliver for introduction into interstate commerce any food that is adulterated or misbranded; or (2) adulterate or misbrand any food in interstate commerce.' A violation of proposed § 1041 would carry with it a fine and/or imprisonment for not more than 10 years. S. 3669 would amend the FDC Act to impose the same criminal penalties for persons who knowingly contaminate the food supply.

Wait a minute, we have not even prosecuted Stewart Parnell and he killed 9 and sickened 700 in a Salmonella Outbreak in 2009.

Full texts of Acts below:

S. 3669 - Food Safety Enforcement Act of 2010

To increase criminal penalties for certain knowing violations relating to food that is misbranded or adulterated. 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Food Safety Enforcement Act of 2010'.

SEC. 2. CRIMINAL PENALTIES.

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 knowingly violates subsection (a), (b), (c), (k), or (v) of section 301 with respect to any food that is misbranded or adulterated shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.'.

S. 3767 - Food Safety Accountability Act

To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Food Safety Accountability Act of 2010''.

SEC. 2. CRIMINAL PENALTIES.

(a) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by adding at the end the following:

‘‘§ 1041. Misbranded and adulterated food

‘‘(a) IN GENERAL.—It shall be unlawful for any person to knowingly—

‘‘(1) introduce or deliver for introduction into interstate commerce any food that is adulterated or misbranded; or

‘‘(2) adulterate or misbrand any food in inter- state commerce.

‘‘(b) PENALTY.—Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 10 years, or both.''

(b) TECHNICAL AND CONFORMING AMENDMENT.— The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ‘‘1041. Misbranded and adulterated food.''

Full post as published by Marler Blog on September 18, 2010 (boomark / email).