Bills Sec. 401 — Criminal penalties

Section 12 of the Poultry Products Inspection Act ( 21 U.S.C. 461 ) is amended by adding at the end the following: Except as provided in subparagraph (B), a person that knowingly produces or introduces into commerce poultry or a poultry product that is unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than 10 years or fined not more than $25,000, or both. A person that commits a violation described in subparagraph

(A)after a conviction of that person under this subsection has become final, or commits such a violation with the intent to defraud or mislead, shall be imprisoned for not more than 20 years or fined not more than $100,000, or both. The Secretary shall deposit penalties collected under this subsection in the account described in section 270(a)(4) of the Department of Agriculture Reorganization Act of 1994. Nothing in this subsection requires the Secretary to report for prosecution, or for the commencement of an action, a violation described in paragraph

(1)in a case in which the Secretary finds that the public interest will be adequately served by the assessment of a civil penalty. The remedies provided in this subsection are in addition to, and not exclusive of, other remedies that may be available under this or any other Act. . Section 406 of the Federal Meat Inspection Act (21 U.S.C. 676) is amended by adding at the end the following: Except as provided in subparagraph (B), a person that knowingly produces or introduces into commerce meat or a meat food product that is unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than 10 years or fined not more than $25,000, or both. A person that commits a violation described in subparagraph

(A)after a conviction of that person under this subsection has become final, or commits such a violation with the intent to defraud or mislead, shall be imprisoned for not more than 20 years or fined not more than $100,000, or both. The Secretary shall deposit penalties collected under this subsection in the account described in section 270(a)(4) of the Department of Agriculture Reorganization Act of 1994. Nothing in this subsection requires the Secretary to report for prosecution, or for the commencement of an action, a violation described in paragraph

(1)in a case in which the Secretary finds that the public interest will be adequately served by the assessment of a civil penalty. The remedies provided in this subsection are in addition to, and not exclusive of, other remedies that may be available under this or any other Act. . Section 12 of the Egg Products Inspection Act (21 U.S.C. 1041) is amended by adding at the end the following: Except as provided in subparagraph (B), a person that knowingly produces or introduces into commerce eggs or egg products that are unsafe or otherwise adulterated or misbranded shall be imprisoned for not more than 10 years or fined not more than $25,000, or both. A person that commits a violation described in subparagraph

(A)after a conviction of that person under this subsection has become final, or commits such a violation with the intent to defraud or mislead, shall be imprisoned for not more than 20 years or fined not more than $100,000, or both. The Secretary shall deposit penalties collected under this subsection in the account described in section 270(a)(4) of the Department of Agriculture Reorganization Act of 1994. Nothing in this subsection requires the Secretary to report for prosecution, or for the commencement of an action, a violation described in paragraph

(1)in a case in which the Secretary finds that the public interest will be adequately served by the assessment of a civil penalty. The remedies provided in this subsection are in addition to, and not exclusive of, other remedies that may be available under this or any other Act. .

Sec. 401. Criminal penalties