Page:United States Statutes at Large Volume 97.djvu/864

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

97 STAT. 832 PUBLIC LAW 98-127—OCT. 13, 1983 Fine or imprisonment. Investigation of violations. Definitions. 35 USC 155A. 35 USC 154. "(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 not more than $25,000 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 Administra- tion and the Department of Agriculture, respectively, have author- ity 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 etrticle, product, or commodity which is custom- arily produced or distributed for consumption by individ- uals, or usc 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 CDosmetic 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 ment£d 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.". SEC. 3. The table of sections at the beginning of chapter 65 of title 18 of the United States Code is amended by adding at the end thereof the following new item: "1365. Tampering with consumer products.". SEC. 4. (a) Title 35 of the United States Code is amended by inserting after section 155 the following new section: "§ 155A. Patent term restoration " (a) Notwithstanding section 154 of this title, the term of each of the following patents shall be extended in accordance with this section: "(1) Any patent which encompasses within its scope a compo- sition of matter which is a new drug product, if during the regulatory review of the product by the Federal Food and Drug Administration—