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U.S. Code as of:
01/19/04
Section 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)(1) Whoever, without the consent of the manufacturer,
retailer, or distributor, intentionally tampers with a consumer
product that is sold in interstate or foreign commerce by knowingly
placing or inserting any writing in the consumer product, or in the
container for the consumer product, before the sale of the consumer
product to any consumer shall be fined under this title, imprisoned
not more than 1 year, or both.
(2) Notwithstanding the provisions of paragraph (1), if any
person commits a violation of this subsection after a prior
conviction under this section becomes final, such person shall be
fined under this title, imprisoned for not more than 3 years, or
both.
(3) In this subsection, the term "writing" means any form of
representation or communication, including hand-bills, notices, or
advertising, that contain letters, words, or pictorial
representations.
(g) 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.
(h) 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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