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Enhanced Criminal Penalties for Food Safety Violators?
February 1, 2011By Ricardo Carvajal –
Senator Patrick Leahy (D-VT) reintroduced legislation to strengthen criminal penalties for food safety violators in the form of the Food Safety Accountability Act of 2011. As with the version of the bill introduced last year, the current version would amend Title 18 of the U.S. Code (Chapter 47 – Fraud and False Statements) to add section 1041 (Misbranded and adulterated food), but there have been significant changes. First, the scope of violations covered by this year’s version of the bill is broader. Whereas last year’s version of the bill encompassed violations akin to those referenced in FDC Act § 301(a) and (b), this year’s version references the prohibited acts listed in § 301(a), (b), (c), and (k). Second, the news isn’t all bad for would-be defendants because this year’s version of the bill raises the bar for prosecutors. Whereas last year’s version would have penalized those who “knowingly” commit certain violations, this year’s version would require the government to show that certain prohibited acts were committed “knowingly and intentionally to defraud or mislead” and “with conscious or reckless disregard of a risk of death or serious bodily injury.” One thing that hasn’t changed is the penalty for violations, which would carry a fine and/or imprisonment for not more than 10 years.
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- Senators to DEA: Consider Treaty Obligations In Marijuana Rescheduling April 23, 2024
- “Heigh-ho” Taiho! The PTO Says LYTGOBI Patent is Ineligible for PTE Because of Untimely Application . . . And a Corrected NDA Approval Letter is No Saving Grace April 22, 2024
- Clear that Cabinet Tour ‘24 April 18, 2024
- The Fourth Circuit Upholds CMS’ Definition of “Line-Extension Drug” and “New Formulation” April 17, 2024
- Does the Drug Shortage White Paper Fall Short? April 9, 2024
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
- Enforcement
- FDA News
- Foods
- Foods and Dietary Supplements
- Fraud and Abuse
- Government Pricing
- Hatch-Waxman
- Health Care
- Health Privacy
- Import/Export
- In Vitro Diagnostic Devices
- Jobs
- Medical Devices
- Miscellaneous
- Orphan Drugs
- OTC Drugs and Cosmetics
- Prescription Drugs and Biologics
- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized