Food Safety Accountability Act
Additional Consequences for Knowingly Violating Prohibitions

On Sept. 23, 2010, the Senate Judiciary Committee unanimously cleared the Food Safety Accountability Act (S. 3767), placing it on the legislative calendar for consideration by the full Senate. If passed, the bill would amend section 303(a) of the Federal Food, Drug and Cosmetic Act, to impose additional fines and/or prison terms of up to 10 years for anyone who knowingly violates the Act. Specifically, prohibitions against:

· The introduction or delivery for introduction into interstate commerce of any adulterated or misbranded food, drug, device, tobacco product or cosmetic;

· The adulteration or misbranding of any food, drug, device, tobacco product or cosmetic in interstate commerce;

· The receipt, delivery or proffered delivery into interstate commerce of any adulterated or misbranded food, drug, device, tobacco product or cosmetic;

· The alteration, destruction or removal of the label of a food, drug, device, tobacco product or cosmetic; or

· The introduction or delivery for introduction into interstate commerce of a dietary supplement that is unsafe,

The Act is sponsored by Senators Leahy (D-Vt.), Klobuchar (D-Minn.), Franken (D-Minn.), Feinstein (D-Calif.), Durbin (D-Ill.) and Kohl (D-Wis.),

During the Judiciary Committee’s meeting on Sept. 23, 2010, Leahy cited the recent high-profile recall of nearly 550 million eggs (linked to salmonella poisoning) and stated that the bill was a “long overdue measure to provide criminal sanctions for knowingly placing unsafe food products in commerce.” The current law caps penalties for the knowing distribution of adulterated food at the misdemeanor level; however, according to Leahy, the fines and recalls that result from criminal violations under the current law simply are not providing an effective deterrent.

Although Leahy originally hoped to pass the bill as part of the comprehensive Food and Drug Administration Food Safety Modernization Act, which is currently under consideration on the Senate floor, it appears that recent debate about the larger bill’s price tag may push back a final vote on the Food Safety Accountability Act until after the midterm elections.

If you have questions regarding the Food Safety Accountability Act, please contact Judy Okenfuss or Jenny Buchheit.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.