Prescription Drug Tampering Prevention Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to provide for fines or imprisonment, or both, for an individual for knowingly violating certain provisions by selling or trading adulterated or misbranded prescription drugs. Punishes an individual also for buying or trading for a prescription drug while knowing or having reason to know that the drug was knowingly caused to be adulterated or misbranded. States that in either instance an individual shall be fined in accordance with Federal law relating to crimes and criminal procedure, imprisoned for any term of years or for life, or both.
Modifies provisions pertaining to criminal penalties for committing certain prohibited acts involving food, drugs, devices, or cosmetics. Makes a violation punishable by a fine in accordance with Federal law relating to crimes and criminal procedure, imprisonment for not more than one year, or both. (Current law prescribes a fine of up to $1,000 and/or imprisonment for not more than one year). Makes a second violation, or a violation committed with intent to defraud or mislead, punishable by a fine in accordance with Federal law, imprisonment for not more than three years, or both. (Current law prescribes a fine of up to $10,000 and/or imprisonment for not more than three years.) Makes a violation of provisions pertaining to prescription drug marketing punishable by a fine in accordance with Federal law, imprisonment for not more than ten years, or both. (Current law prescribes a fine of up to $250,000 and/or imprisonment for not more than ten years.)
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2936 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2936
To amend the Federal Food, Drug, and Cosmetic Act with respect to the
sale or trade of prescription drugs that were knowingly caused to be
adulterated or misbranded, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. Deutsch (for himself and Mr. Shaw) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act with respect to the
sale or trade of prescription drugs that were knowingly caused to be
adulterated or misbranded, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Tampering
Prevention Act of 2003''.
SEC. 2. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE
ADULTERATED OR MISBRANDED; KNOWING PURCHASE OR TRADE.
Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 333(a)) is amended by adding at the end the following paragraph:
``(3) Notwithstanding paragraph (1) or (2), in the case of a person
who violates section 301(a), 301(b), or 301(c) with respect to a drug
that is subject to section 503(b)(1)(B), if the person knowingly caused
the drug to be adulterated or misbranded and sells or trades the drug,
or the person purchases or trades for the drug knowing or having reason
to know that the drug was knowingly caused to be adulterated or
misbranded, the person shall be fined in accordance with title 18,
United States Code, or imprisoned for any term of years or for life, or
both.''.
SEC. 3. OTHER CRIMINAL PENALTIES; CLARIFICATION REGARDING FINES.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333(a)) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``shall be
imprisoned'' and all that follows and inserting the
following: ``shall be fined in accordance with title
18, United States Code, or imprisoned not more than one
year, or both.''; and
(B) in paragraph (2), by striking ``shall be
imprisoned'' and all that follows and inserting the
following: ``shall be fined in accordance with title
18, United States Code, or imprisoned not more than
three years, or both.''; and
(2) in subsection (b)(1), in the matter after and below
subparagraph (D), by striking ``shall be imprisoned'' and all
that follows an inserting the following: ``shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than 10 years, or both.''.
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Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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