From Overcriminalized.com:
Table of Contents
New:
S. 216: Food Safety Accountability Act of 2011
S. 52: International Fisheries Stewardship and Enforcement Act
S. 46: Coral Reef Conservation Amendments Act
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S. 216: Food Safety Accountability Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to increase penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.
Status:
1/27/2011: Introduced in Senate
1/27/2011: Referred to Senate Judiciary Committee
Commentary: This bill would create a new criminal law under Title 18 of the U.S. Code for certain violations of the Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.). Specifically, S. 216 would criminalize food violations of subsections 301 (a), (b), (c), and (k) of the Food, Drug, and Cosmetic Act (codified at 21 U.S.C. § 331) that are perpetrated "knowingly and intentionally to defraud or mislead" and "with conscious disregard or reckless disregard of a risk of death or serious bodily injury." Such violations would subject an individual to criminal sanctions of up to ten years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 216 has a slightly more protective criminal-intent (mens rea) requirement than S. 3767 from the 111th Congress (Senator Leahy's 2010 version of the legislation), but the new bill still authorizes redundant criminal punishment for acts that are already criminalized under 21 U.S.C. §§ 331 and 333. Violations of the aforementioned subsections of the Food, Drug, and Cosmetic Act are currently punishable by up to three years imprisonment, up to $10,000 in fines, or both when they involve an "intent to defraud or mislead" on the part of the defendant.
S. 52: International Fisheries Stewardship and Enforcement Act
Sponsor: Inouye (D - HI)
Official Title: A bill to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill is similar to several bills introduced in the 110th and 111th Congresses dealing with the enforcement mechanisms available to stop and deter illegal, unreported, and unregulated fishing operations. S. 52's new criminal provisions apply to violations of a number of existing statutes, including the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act, which cover various forms of protected marine life. In addition to creating new offenses, the bill establishes criminal penalties, including large maximum fines, for the new criminal violations and existing civil offenses. In particular, it would be a criminal offense to (a) "import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce" any fish or fish product taken in violation of any treaty or agreement to which the United States is a party; or (b) make or submit a false record, account, label for, or identification of any fish that passes in interstate or foreign commerce. Certain violations of S. 52 would subject a person to up to five years in prison, a fine of $500,000, or both. Where a dangerous weapon is involved or bodily injury to any protected federal officer results, the maximum term of imprisonment is doubled to 10 years. Corporations that violate certain provisions would be fined up to $1 million.
S. 46: Coral Reef Conservation Amendments Act
Sponsor: Inouye (D - HI)
Official Title: A bill to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill reauthorizes the Coral Reef Conservation Act of 2000. With certain limited exceptions, the bill makes it unlawful to "destroy, take, cause the loss of, or injure any coral reef" or component; to "possess, sell, deliver, carry, transport, or ship" coral taken in violation of the Act; or to violate permits issued or regulations promulgated pursuant to the Act by the Department of Interior or Department of Commerce. A person who "knowingly violates" one of these provisions is subject to up to five years imprisonment, criminal fines, or both. The bill also criminalizes the refusal to permit federal officers to board a vessel for purposes of inspection and enforcement of the Coral Reef Conservation Act, and criminalizes "resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, ... forcibly assaulting," or submitting false information to any federal official in connection with such searches or inspections. A person who "knowingly commits" one of these acts is subject to up to five years imprisonment, criminal fines of up to $500,000 ($1 million for organizations), or both. If a dangerous weapon is used that "causes bodily injury" to the officer or places him "in fear of imminent bodily injury," the maximum prison term is doubled to 10 years.
Table of Contents
New:
S. 216: Food Safety Accountability Act of 2011
S. 52: International Fisheries Stewardship and Enforcement Act
S. 46: Coral Reef Conservation Amendments Act
--------------------------------------------------------------------------------
S. 216: Food Safety Accountability Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to increase penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.
Status:
1/27/2011: Introduced in Senate
1/27/2011: Referred to Senate Judiciary Committee
Commentary: This bill would create a new criminal law under Title 18 of the U.S. Code for certain violations of the Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.). Specifically, S. 216 would criminalize food violations of subsections 301 (a), (b), (c), and (k) of the Food, Drug, and Cosmetic Act (codified at 21 U.S.C. § 331) that are perpetrated "knowingly and intentionally to defraud or mislead" and "with conscious disregard or reckless disregard of a risk of death or serious bodily injury." Such violations would subject an individual to criminal sanctions of up to ten years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 216 has a slightly more protective criminal-intent (mens rea) requirement than S. 3767 from the 111th Congress (Senator Leahy's 2010 version of the legislation), but the new bill still authorizes redundant criminal punishment for acts that are already criminalized under 21 U.S.C. §§ 331 and 333. Violations of the aforementioned subsections of the Food, Drug, and Cosmetic Act are currently punishable by up to three years imprisonment, up to $10,000 in fines, or both when they involve an "intent to defraud or mislead" on the part of the defendant.
S. 52: International Fisheries Stewardship and Enforcement Act
Sponsor: Inouye (D - HI)
Official Title: A bill to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill is similar to several bills introduced in the 110th and 111th Congresses dealing with the enforcement mechanisms available to stop and deter illegal, unreported, and unregulated fishing operations. S. 52's new criminal provisions apply to violations of a number of existing statutes, including the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act, which cover various forms of protected marine life. In addition to creating new offenses, the bill establishes criminal penalties, including large maximum fines, for the new criminal violations and existing civil offenses. In particular, it would be a criminal offense to (a) "import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce" any fish or fish product taken in violation of any treaty or agreement to which the United States is a party; or (b) make or submit a false record, account, label for, or identification of any fish that passes in interstate or foreign commerce. Certain violations of S. 52 would subject a person to up to five years in prison, a fine of $500,000, or both. Where a dangerous weapon is involved or bodily injury to any protected federal officer results, the maximum term of imprisonment is doubled to 10 years. Corporations that violate certain provisions would be fined up to $1 million.
S. 46: Coral Reef Conservation Amendments Act
Sponsor: Inouye (D - HI)
Official Title: A bill to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill reauthorizes the Coral Reef Conservation Act of 2000. With certain limited exceptions, the bill makes it unlawful to "destroy, take, cause the loss of, or injure any coral reef" or component; to "possess, sell, deliver, carry, transport, or ship" coral taken in violation of the Act; or to violate permits issued or regulations promulgated pursuant to the Act by the Department of Interior or Department of Commerce. A person who "knowingly violates" one of these provisions is subject to up to five years imprisonment, criminal fines, or both. The bill also criminalizes the refusal to permit federal officers to board a vessel for purposes of inspection and enforcement of the Coral Reef Conservation Act, and criminalizes "resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, ... forcibly assaulting," or submitting false information to any federal official in connection with such searches or inspections. A person who "knowingly commits" one of these acts is subject to up to five years imprisonment, criminal fines of up to $500,000 ($1 million for organizations), or both. If a dangerous weapon is used that "causes bodily injury" to the officer or places him "in fear of imminent bodily injury," the maximum prison term is doubled to 10 years.
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