S.510 Companion Bill (S.3767) to Reintroduce Criminal Penalties

Yesterday, in the waning days of the 111th Congress, as We the People prepare to throw the rascals out, Big Agra Biz' friends in Congress have taken the unusual late-session step of introducing a criminal penalty bill.

The bill reintroduces a 10 year jail term for anyone who sells what the govt later decides was "adulterated" or "misbranded" food, a provision which had been removed from the House-passed (sic) "Food Safety" version last year (HR.1279). Yes, Dietary Supplements would be covered under this provision. The political insiders plan, our contacts tell us, to add S.3767 to S.510 so the penalties can be in the final bill approved by the House/Senate conference committee, if We the People allow S.510 to pass the US Senate!

In the nutrient industry the old procedure was that FDA would send a warning letter telling a company its claims were illegal and the company would either change its claims or defend them... if this bill passes FDA can simply start by bringing criminal charges any time it determines that a claim is not allowed, since that would make the product "misbranded."

Here is what the bill actually says:

"S.3767 -- Food Safety Accountability Act of 2010 (Introduced in Senate - IS)
111th CONGRESS - 2d Session

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

IN THE SENATE OF THE UNITED STATES

September 13, 2010

Mr. LEAHY (for himself, Ms. KLOBUCHAR, and Mr. FRANKEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

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:

`Sec. 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 interstate 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.'."

To stop this bill from being amended into S.510, and to keep S.510 on hold, go here: The Empire Strikes Back: President Supports Forced Industrialization of Food http://www.healthfreedomusa.org/?p=6611

FDA wants comments on new food labeling...

BREAKING NEWS!

Dietary Supplement/Food Labeling Electronic Newsletter

On November 2, 2007, the U.S. Food and Drug Administration (FDA) issued an advance notice of proposed rulemaking (ANPRM) in the Federal Register, DocketNo. 2006N-0168, titled Food Labeling: Revision of Reference Values and Mandatory Nutrients.

The ANPRM requests comment on what new reference values the agency should use to calculate the percent daily value (DV) in the Nutrition Facts and Supplement Facts labels and what factors the agency should consider in establishing such new reference values.

In addition, FDA requests comments on whether it should require that certain nutrients be added or removed from the Nutrition Facts and Supplemental Facts labels. On November 8, 1990, the Nutrition Labeling and Education Act (NLEA) of 1990was signed into law amending the Federal Food, Drug, and Cosmetic Act (the Act). In response to the NLEA, FDA, in 1993, issued several rules to modify how nutrition information is presented on food labels. When the agency issued those rules to modify the nutrition label information, it considered the diet and health information that was current at that time.

New information has since become available on nutrient values that the agency believes may impact what nutrients it should consider requiring to be listed on the food label and what nutrient values it should use as a basis for the DVs on the food label.

Interested persons can submit written or electronic comments by January31, 2008 as per the instructions provided in Docket No. 2006N-0168.

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Well, gosh, I do have a few suggestions for revised food labeling... like honest labeling that lets people know if nutritional value is being negated by dishonest labeling about such issues as real organic ingredients, lack of genetically modified ingredients, and no irradiation -- all of which impact nourishment value!