So, what are you serving five years in federal prison for, new blood? Oh, I got busted selling fake maple syrup. (house of representatives, interstate)

[FreedomThroughAnarchism]

Bill Summary & Status - 112th Congress (2011 - 2012) - S.1742 - THOMAS (Library of Congress)


S.1742 -- MAPLE Act (Introduced in Senate - IS)

S 1742 IS

112th CONGRESS
1st Session

S. 1742
To amend title 18, United States Code, to prohibit fraudulently representing a product to be maple syrup.


IN THE SENATE OF THE UNITED STATES
October 20, 2011

Mr. LEAHY (for himself, Ms. COLLINS, Mr. SCHUMER, Mrs. GILLIBRAND, Mr. SANDERS, and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL
To amend title 18, United States Code, to prohibit fraudulently representing a product to be maple syrup.

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 `Maple Agriculture Protection and Law Enforcement Act of 2011' or the `MAPLE Act'.
SEC. 2. FRAUDULENTLY REPRESENTING A PRODUCT AS MAPLE SYRUP.

(a) In General- Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 1041. Fraudulently representing a product as maple syrup

`(a) Definition- In this section, the term `maple syrup' means a liquid food--
`(1) derived by--
`(A) concentration and heat treatment of the sap of a species of tree in the genus Acer (commonly known as `maple trees'); or
`(B) solution in water of maple sugar (commonly know as `maple concrete') made from the sap of a species of tree in the genus Acer;
`(2) that is not less than 66 percent by weight of soluble solids derived solely from the sap of a species of tree in the genus Acer; and
`(3) the concentration of which may be adjusted by adding water.
`(b) Offense-
`(1) IN GENERAL- Except as provided in paragraph (2), it shall be unlawful for any person to knowingly and willfully introduce or deliver for introduction into interstate commerce a product that is labeled as maple syrup and that is not maple syrup.
`(2) EXCEPTION- Paragraph (1) shall not apply to a product labeled as maple syrup that is not maple syrup if the label also includes a clear identification of the true nature of the product.
`(c) Penalty- Any person that violates subsection (b) shall be fined under this title, imprisoned for not more than 5 years, or both.'.
(b) Technical and Conforming Amendment- The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following:
`1041. Fraudulently representing a product as maple syrup.'.

--------------------------------

The Volokh Conspiracy » Making Fake Maple Syrup a Felony - A discussion over on the Volokh legal blog.

The comments to many of the blog posts usually contain some witty, if not also amusingly sarcastic comments. I chuckled at the one that asked if they idiotically made this strict liability like all the other cool federal laws seem to be nowadays to aid lazy prosecutors. Though, as you can see the text of the legislation indicates it's not... was still kind of amusing, though.

The "I Can't Believe It's Not Maple Syrup" comment (a take-off of the "I Can't Believe It's Not Butter"product) was kind of amusing, as well, since you could possibly label your product that and maybe not run afoul of this proposed law.

--------------------------------


Fake maple syrup? Vermont senators urge prison time - latimes.com

Fake maple syrup? Vermont senators urge prison time
October 24, 2011 | 9:55 am


Vermonters take their maple syrup seriously.

So much so that the state's U.S. senators have introduced legislation that would make it a federal felony, punishable by up to five years in prison, to sell something labeled as maple syrup when it is not.

"Vermont iconic maple syrup -- painstakingly produced, and prized across the nation and beyond -- is one of our state's fine, high-quality, natural products," Democratic Sen. Patrick Leahy said in introducing the legislation. A growing number of people are claiming to sell genuine Vermont maple syrup when "they are in fact selling an inferior product that is not maple syrup at all,'' he said, adding that the misrepresentation undermines a key part of Vermont's economy.

"We are very proud of the high-quality maple syrup produced in Vermont," independent Sen. Bernie Sanders said in a news release. "Some of us think it's the best in the world. We think it is terribly wrong for people to produce a phony product and call it Vermont maple syrup."

[Fair use Snip] Click link above to read the rest of the article.

[jackmccullough]

So I take it you're in favor of consumer fraud?

[Frank_Carbonni]

Originally Posted by jackmccullough

So I take it you're in favor of consumer fraud?

It's called disproportionate punishment. Just because you point out that a punishment might be excessive or ill-suited for the crime committed does not mean that you agree with the crime.

[GregW]

As a New Hampshire resident, where the BEST maple syrup in the world is made, I support the Vermonters in their quest to properly punish fraudulent misuse of the name. I do not think the punishment is excessive but I would not have the perpetrators spend the time in a nice warm prison but out in the sugar bush humping pails of syrup through wet snow on a spring predawn morning in a freezing rain.

[Frank DeForrest]

And yet we have a federal government that sells guns and drugs with impunity.

[jmking]

Another fraud that is getting some attention is fake olive oil especially extra virgin. Pertaining to olive oil, and I'll bet maple syrup also, many states do not have laws on the books disallowing hustlers the ability to sell these products as the real deal. They should be prosecuted. I like real maple syrup and willing to pay the premium. Same goes for real extra virgin olive oil.

[Mathguy]

With all the fakes flooding into the "organic" and "raw" movements to cash in I expect to see more stuff like this.

Nothing like raising chickens the same way as before and then slapping an "organic" label on them and doubling the price.

[FrugalYankee]

Not surprising for a state whose legislators have gone off the deep end. Vermont is hopelessly overregulated and evidently want the rest of the country to share in the fun. Not only does Vermont want to exact excessive punishments for actual crimes, it has been my personal experience that state agencies are not above duplicity if it means generating revenues via fines. Maybe they can just fine everyone to pay for the rest that they want to throw into prison.

[jmking]

Originally Posted by FrugalYankee

Not surprising for a state whose legislators have gone off the deep end. Vermont is hopelessly overregulated and evidently want the rest of the country to share in the fun. Not only does Vermont want to exact excessive punishments for actual crimes, it has been my personal experience that state agencies are not above duplicity if it means generating revenues via fines. Maybe they can just fine everyone to pay for the rest that they want to throw into prison.

You're comparing apples to oranges. Vermont is Vermont, West Virginia is West Virginia, one does regulate more than the other, one is wealthy the other is very poor. Maple syrup brings in plenty of revenue for Vermont, so they should be concerned if people are selling fake syrup as the real thing. You know many do not even know that Log Cabin maple syrup is fake, although it doesn't claim to be real, no fraud involved. Many people never tried real maple syrup in which there is a huge differents in taste and quality.

[AONE]

to me is shouldn't be an issue of only Maple Syrup. but should include products using Blueberry in the name , when they have none in it. and all the other lies manufacturers create in our consumer driven world.

What's wrong with truth in labeling? If your crap is so bad you have to lie... make something better.