Text: H.R.1450 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (03/11/2009)


111th CONGRESS
1st Session
H. R. 1450


To amend the Federal Food, Drug, and Cosmetic Act with respect to counterfeit drugs, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

March 11, 2009

Mr. Rogers of Michigan (for himself, Mr. Gene Green of Texas, Mr. Buyer, Mr. Upton, and Mr. Burgess) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Federal Food, Drug, and Cosmetic Act with respect to counterfeit drugs, 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 “Counterfeit Drug Prevention Act of 2009”.

SEC. 2. Penalties regarding counterfeit drugs.

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), any person who engages in any conduct described in section 301(i)(2) knowing that the conduct concerns the rendering of a drug as a counterfeit drug, or who engages in conduct described in section 301(i)(3) knowing that the conduct will cause a drug to be a counterfeit drug or knowing that a drug held, sold, or dispensed is a counterfeit drug, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 20 years, or both, except that if the use of the counterfeit drug by a consumer is the proximate cause of the death of the consumer, the term of imprisonment shall be any term of years or for life.”.

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)—

(A) in paragraph (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.”; and

(B) in paragraph (6), 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 10 years, or both.”.