FEDERAL ANTITAMPERING ACT WEDNESDAY, MARCH 2, 1983 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON CRIME OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to call, at 10:05 a.m. in room 2237, Rayburn House Office Building, Hon. William J. Hughes (chairman of the subcommittee) presiding. Present: Representatives Hughes, Feighan, Smith, Sawyer, Shaw, and Sensenbrenner. Staff present: Hayden Gregory, chief counsel; Virginia E. Sloan, assistant counsel; Charlene Vanlier, associate counsel; and Barbara Walker and Phyllis Henderson, clerks. Mr. HUGHES. The Subcommittee on Crime will come to order. The Chair has received a request to cover this hearing in whole or in part by television broadcast, radio broadcast, still photography, or by other similar methods. In accordance with committee rule 5(a), permission will be granted unless there is objection. Is there objection? Hearing none, permission is granted. Today the Subcommittee on Crime will consider several bills that would provide a Federal criminal penalty for tampering with food, drugs, and certain other consumer products. These bills are all obviously a response to the tragic deaths that occurred in Chicago last year when a painkiller laced with cyanide was sold to the public. [H.R. 1337, H.R. 1544, and H.R. 778 follow:] [H.R. 1337, 98th Cong., 1st Sess.] A BILL To amend title 18 of the United States Code to prohibit tampering with consumer products with intent to cause injury or death Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal AntiTampering Act". SEC. 2. Chapter 65 of title 18 of the United States Code is amended by adding at the end the following new section: "§ 1365. Tampering with consumer products with intent to cause injury or death "(a) Whoever, with intent to cause the death of or bodily injury to any individual, knowingly tampers with any food, drug, device, or cosmetic which "(1) at any time affects interstate commerce or foreign commerce; and "(2) is produced or distributed for consumption or use by individuals; and thereby causes the death of or bodily injury to any individual, or attempts to do so, shall be punished as is provided in subsection (b) of this section. "(b) The punishment of an offense under subsection (a) of this section is "(1) in the case of an attempt, a fine of not more than $20,000 or imprisonment of not more than five years, or both; "(2) in the case that serious bodily injury to or the death of any individual is caused, a fine of not more than $100,000 or imprisonment for any term of years or for life, or both; and "(3) in any other case, a fine of not more than $100,000, or imprisonment for not more than twenty years, or both. "(c) As used in this section "(1) the term 'food' has the definition given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)) and also includes 'meat food product' as such term is defined in section 2(j) of the Federal Meat Inspection Act (21 U.S.C. 601(j)), 'poultry' as such term is defined in section 4(d) of the Poultry Products Inspection Act (21 U.S.C. 453(e)), 'poultry product' as such term is defined in section 4(e) of the Poultry Products Inspection Act (21 U.S.C. 453(f)), egg product' as such term is defined in section 4(f) of the Egg Products Inspection Act (21 U.S.C. 1033(f)), and ‘egg' as such term is defined in section 4(g) of the Egg Products Inspection Act (21 U.S.C. 1033(g)); "(2) the term 'drug' has the definition given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)); "(3) the term 'device' has the definition given such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)); "(4) the term 'cosmetic' has the definition given such term in section 201(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(i)); “(5) the term 'serious bodily injury' means bodily injury which involves— "(B) extreme physical pain; "(C) protracted and obvious disfigurement; or "(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and "(6) the term 'bodily injury' means "(A) a cut, abrasion, bruise, burn, or disfigurement; "(B) physical pain; "(C) illness; "(D) impairment of the function of a bodily member, organ, or mental faculty; or "(E) any other injury to the body, no matter how temporary.". SEC. 3. The table of sections at the beginning of chapter 65 of title 18 of the United States Code is amended by adding at the end the following new item: "1365. Tampering with consumer products with intent to cause injury or death.". [H.R.1544, 98th Cong., 1st Sess.] A BILL To amend title 18, United States Code, to combat, deter, and punish individuals who adulterate or otherwise tamper with food, drug, cosmetic, and other products with intent to cause personal injury, death, or other harm Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal AntiTampering Act". SEC. 2. Title 18, United States Code, is amended by adding the following new chap ter: "CHAPTER 56-ADULTERATION "§ 1211. Malicious injury by adulterating a product "(a) Whoever, with intent to injure, kill or endanger the health or safety of any person, or with intent to cause damage or injury to the business reputation of an individual, partnership, corporation, association, or other business entity (1) does any act which results in a food, drug, device, or cosmetic being adulterated or attempts to do any such act or (2) tampers or attempts to tamper with any hazardous substance or any other article, product, or commodity of any kind or class which is produced or distributed for consumption by individuals or use by individuals for purposes of personal care or in the performance of services rendered within the household, if such act of adulteration or tampering occurs before the food, drug, device, cosmetic, hazardous substance or other article, product, or commodity is introduced or delivered for introduction into interstate commerce, while such item is in interstate commerce, while such item is held for sale (whether or not the first sale) after shipment in interstate commerce, or if such act of adulteration or tampering otherwise affects interstate commerce, shall be punished by imprisonment for not more than twenty years or fined not more than $100,000, or both, or, if personal injury or death results to another, by imprisonment for any term of years or for life. "(b) Whoever, with willful and malicious intent, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would constitute a violation of subsection (a) shall be punished "(i) if personal injury or death results to another, by imprisonment for any terms of years or for life; "(ii) if such conduct causes any person to be in sustained fear for his or another person's safety, causes any government agency or authority to direct a sale prohibition against, or recall of any food, drug, device, or cosmetic, or cause any individual, partnership, corporation, or association to implement such prohibition or recall in response to such conduct, or causes other serious disruption to the public, by imprisonment for not more than twenty years or by a fine of not more than $100,000, or both. "(c) As used in subsection (a), 'food', 'drug', 'device', 'cosmetic', and 'adulterated' shall have the meanings ascribed to those terms in the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301-392); 'hazardous substance' shall have the meaning ascribed to that term in the Federal Hazardous Substances Act (15 U.S.C. 1261 (f)).". SEC. 3. If any provision of this Act is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision shall remain in effect in all of its valid applications that are severable. SEC. 4. The analysis of part I of title 18, United States Code, is amended by adding the following: "56. Adulteration 1211". [H.R. 778, 98th Cong., 1st Sess.] A BILL To amend title 18 of the United States Code to make unlawful the adulteration of food, drug, and cosmetics carried out for the purpose of causing death or injury Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new section: "§ 1365. Adulteration of food, drugs, and cosmetics "(a) Whoever adulterates or causes to be adulterated a food, drug, or cosmetic in interstate commerce "(1) for the purpose of killing any individual who ingests, inhales, or uses such food, drug, or cosmetic; or "(2) with knowledge that it is probable that such food, drug, or cosmetic will be ingested, inhaled, or used by any individual and will cause the death of such individual; and who causes any individual to die as a result of ingesting, inhaling, or using such food, drug, or cosmetic shall be fined not to exceed $250,000, imprisoned for a term of years not less than twenty years or for life, or both. "(b) Whoever adulterates or causes to be adulterated a food, drug, or cosmetic in interstate commerce "(1) for the purpose of causing death or severe mental or physical injury to any individual who ingests, inhales, or uses such food, drug, or cosmetic; "(2) with knowledge that is is probable that such food, drug, or cosmetic will be ingested, inhaled, or used by any individual and will cause death of or such injury to such person; or "(3) for the purpose of causing injury to the business reputation of any person; shall be fined not to exceed $100,000, imprisoned for a term of years not to exceed ten years, or both. "(c) For purposes of this section “(1) a food, drug, or cosmetic is adulterated if such food, drug, or cosmetic is deemed to be adulterated under section 402, 501, or 601, respectively, of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342, 351, 361); "(2) the term 'cosmetic' shall have the meaning given it in section 201(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(i)); "(3) the term 'drug' shall have the meaning given it in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.Č 321(g)(1)); "(4) the term 'food' shall have the meaning given it in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)); and "(5) the term 'interstate commerce' shall have the meaning given it in section 201(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(b)).". SEC. 2. The table of sections for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: "1365. Adulteration of food, drugs, and cosmetics.". Mr. HUGHES. It is clear that the Federal Government has an important role to play in protecting the consuming public from such tragedies. The deaths in Chicago had national repercussions, ranging from so-called copycat poisonings elsewhere in the country, to loss of consumer confidence in purchasing food and over-thecounter drugs. The private sector reacted swiftly and strongly to the Chicago poisonings. Johnson and Johnson, for instance, should be commended for its outstanding job of dealing with the poisonings, immediately recalling the affected product and repackaging it in tamperproof containers. The FDA also reacted swiftly in proposing new tamperproof regulations. It is now time for Congress to act. Each of the bills before the subcommittee takes a different approach to the Federal role, and one of the primary purposes of this hearing will be to scrutinize those approaches and to determine which is most appropriate. One common aspect to all of the bills, however, is that each recognizes the seriousness of tampering with consumer products and each provides a punishment consistent with that recognition. We expect that, aside from the basic issue of enacting a Federal crime to punish those who commit such acts, two other issues will be at the forefront of these hearings: Whether the Federal Government should punish those who falsely claim that tampering has occurred, and whether those who tamper with food and drugs with the intent of harming the reputation of the manufacturer or distributor, rather than with an intent to cause bodily injury to a consumer, should also be punished federally. The witnesses before us today are all well suited to discuss these issues. Our first witness is the Honorable Cardiss Collins, a Member of Congress from the 7th District in Chicago, and also sponsor of H.R. 788, one of the antitampering bills before us today. I understand that some of the tragic Chicago area deaths last fall occurred in her district. Congresswoman Collins was most recently elected chairwoman of the House Government Operations Subcommittee on Government Activities and Transportation. She relinquished the chair of the Manpower and Housing Subcommittee, a position she held for some 6 years, in order to assume the leadership role of a subcommittee with jurisdiction over the Department of Transportation and Government activities. I understand that Cardiss Collins is on her way. Why don't we just recess for about 2 minutes. Mr. SENSENBRENNER. I have an opening statement. Perhaps I can use this time. Mr. HUGHES. The gentleman from Michigan will be recognized first. Mr. SAWYER. Thank you, Mr. Chairman. I have no opening statement. Mr. HUGHES. The gentleman from Wisconsin. Mr. SENSENBRENNER. Thank you, Mr. Chairman. I salute the chairman today for calling prompt hearings on antitampering legislation, which I think was one of the best parts of the anticrime package that went down to a pocket veto at the end of the last Congress. It is obvious to me that the Tylenol incidents that occurred last year make it a necessity for the Federal Government to move, and move dramatically, in this area not only to provide criminal penalties for those sick minds who do tamper with drugs to cause bodily harm, but also those who wish to use the threats of tampering to defame the reputation of a manufacturer, either of food or of drugs. I would hope that we could wrap up the issues in contention in this hearing rather quickly so that an agreed upon bill can be reported to the full Committee on the Judiciary and acted on rather promptly after the Easter recess because the sooner we plug this loophole in the Federal criminal laws, the better off our population will be. I thank the chairman for giving me this time. Do any other members have opening statements? Mr. Feighan. Mr. HUGHES. The Chair will recess for just 2 minutes to give Mrs. Collins an opportunity to get here. [A recess was taken from 10:10 a.m. to 10:12 a.m.) Mr. HUGHES. The subcommittee will come to order. Mrs. Collins, do you want to come forward, please? Congresswoman Collins currently sits on the very important Energy and Commerce Committee and is a member of two of its subcommittees. It is a pleasure to have you with us this morning as one of the principal authors of one of the antitampering bills. We are just delighted to receive your testimony and you may proceed as you see fit. [Statement of Congresswoman Collins follows:] PREPARED STATEMENT OF HON. CONGRESSWOMAN CARDISS COLLINS BEFORE THE JUDICIARY SUBCOMMITTEE ON CRIME Mr. Chairman, Members of the Subcommittee, I welcome this opportunity to testify before you today on a matter of profound concern to consumers and businesses in this nation-the tampering of food, drugs and other consumer products. As the author of anti-tampering legislation, H.R. 778, I look forward to assisting you in your efforts to create a federal law that will address all fears. On September 30, the nation was rocked after learning that several persons in Chicago had died from cyanide poisoning after taking extra strength tylenol capsules. Within a matter of days copycat tamperings were being splashed across every 30-992 0-84--2 |