COMMITTEE ON THE JUDICIARY NINETY-EIGHTH CONGRESS FIRST SESSION ON FEDERAL ANTITAMPERING ACT 30-992 O MARCH 2, 1983 Serial No. 84 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON 1984 F325 COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas DON EDWARDS, California ROBERT MCCLORY, Illinois F. JAMES SENSENBRENNER, JR., BILL MCCOLLUM, Florida SFe85 8518 KF 27 CONTENTS Sullivan, Harry, senior vice president, public affairs, and general counsel, Weglian, Stephen M., attorney, Criminal Division, Department of Justice...... Gast, L. L., Food Service and Inspection Service, Department of Agriculture, Murphy, Richard W., vice president and director, National Food Processors National-American Wholesale Grocers' Association, prepared statement 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 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 |