Home -> Law Blog Directory -> Personal Injury Law Blogs -> Marler Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Marler BlogIf 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).
Mars Petfood
79 People Sick So Far
Salmonella Outbreak
50 People Sick in Five States
Sudan Plane Crash
100 People Believed Dead
Chemical Companies
alleging danger to people living near the plants.
Jail Funds
Santa Clara must pay $1.5 million settlement for improper fiscal management.
County Jail Strip Search Class Action
Preliminary Settlement Reached

THROW A SHOE AT BUSH AND YOURE A HERO. Throw a shoe at Erdogan and youll get three years in jail.
Inmate at LiLo's Jail: They Serve 'Throw Up Food'
Delaware Weighs in on Poison Puts
Lessons in getting out of jury duty
Litigation Over a Triggered Poison Pill: Selectica








