The Senate just passed S.216, which is a tweaked version of
last year’s Food Safety Accountability Act. We understand that there is some
pressure to get a similar bill introduced in the House.
In this new bill, the ten-year jail term is reserved for
violators of specific sections of the Federal Food, Drug, and Cosmetic Act
(FD&C) who knowingly and intentionally defraud or mislead and do so with
conscious or reckless disregard of a risk of death or serious bodily injury.
And the jail term applies only to food violations; while the Senate Judiciary
staff confirmed that it would exclude dietary supplements, the language in the
bill does not explicitly say so, and the FDA (based on their past behavior) may
not interpret it that way.
We also have concerns about the definition of the words
“adulterated” and “misbranded,” which are so broad as to include citing current
scientific studies about a food’s health-giving properties, or minor paperwork
A House version of the The Food Safety Accountability Act of
2011 must address the vagueness in the language and carve out certain
exemptions in the definition of misbranding and adulteration—or better yet,
define them anew instead of referring to the extremely broad Food, Drug and
Please ask your representative to oppose any House bill that
contains the same language.
personalize your message if you have the time!)
Please Oppose or Rewrite the Food Safety Accountability Act of 2011!
Dear [Decision Maker],
Sincerely,[Your Name] [Your Address] [City, State ZIP]