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.
