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FEDERAL ANTI-TAMPERING ACT
U.S.C. TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 65 - MALICIOUS MISCHIEF
§ 1365. Tampering with consumer products
- (a) Whoever, with reckless disregard for the risk that
another person will be placed in danger of death or bodily
injury and under circumstances manifesting extreme
indifference to such risk, tampers with any consumer product
that affects interstate or foreign commerce, or the labeling
of, or container for, any such product, or attempts to do so,
shall -
- (1) in the case of an attempt, be fined under this title
or imprisoned not more than ten years, or both;
- (2) if death of an individual results, be fined under
this title or imprisoned for any term of years or for
life, or both;
- (3) if serious bodily injury to any individual results,
be fined under this title or imprisoned not more than
twenty years, or both; and
- (4) in any other case, be fined under this title or
imprisoned not more than ten years, or both.
- (b) Whoever, with intent to cause serious injury to the
business of any person, taints any consumer product or renders
materially false or misleading the labeling of, or container
for, a consumer product, if such consumer product affects
interstate or foreign commerce, shall be fined under this
title or imprisoned not more than three years, or both.
- (c)
- (1) Whoever knowingly communicates false information
that a consumer product has been tainted, if such product
or the results of such communication affect interstate or
foreign commerce, and if such tainting, had it occurred,
would create a risk of death or bodily injury to another
person, shall be fined under this title or imprisoned not
more than five years, or both.
- (2) As used in paragraph (1) of this subsection, the
term ''communicates false information'' means communicates
information that is false and that the communicator knows
is false, under circumstances in which the information may
reasonably be expected to be believed.
- (d) Whoever knowingly threatens, under circumstances in
which the threat may reasonably be expected to be believed,
that conduct that, if it occurred, would violate subsection
(a) of this section will occur, shall be fined under this
title or imprisoned not more than five years, or both.
- (e) Whoever is a party to a conspiracy of two or more
persons to commit an offense under subsection (a) of this
section, if any of the parties intentionally engages in any
conduct in furtherance of such offense, shall be fined under
this title or imprisoned not more than ten years, or both.
- (f) In addition to any other agency which has authority to
investigate violations of this section, the Food and Drug
Administration and the Department of Agriculture,
respectively, have authority to investigate violations of this
section involving a consumer product that is regulated by a
provision of law such Administration or Department, as the
case may be, administers.
- (g) As used in this section -
- (1) the term ''consumer product'' means -
- (A) any ''food'', ''drug'', ''device'', or
''cosmetic'', as those terms are respectively defined
in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321); or
- (B) any article, product, or commodity which is
customarily produced or distributed for consumption by
individuals, or use by individuals for purposes of
personal care or in the performance of services
ordinarily rendered within the household, and which is
designed to be consumed or expended in the course of
such consumption or use;
- (2) the term ''labeling'' has the meaning given such
term in section 201(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(m));
- (3) the term ''serious bodily injury'' means bodily
injury which involves -
- (A) a substantial risk of death;
- (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
- (4) 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.
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