Moose and a couple of others asked "What is his mandate" in reference to criminal investigator Jeff Novitzky. Fair question.
This is from the FDA's website, the "Mission Statement" of the Criminal Investigations unit:
"Mission
"As the criminal investigative arm of the Food and Drug Administration (FDA), the mission of the Office of Criminal Investigations (OCI) is to conduct and coordinate investigations of suspected criminal violations of the Federal Food, Drug, and Cosmetic Act (FDCA) and other related Acts; the Federal Anti-Tampering Act (FATA); and other statutes including applicable Title 18 violations of the United States Code (USC); and to collect evidence to support successful prosecutions through the federal or state court systems as appropriate"
Here's what the Food and Drug Act covers:
"The Food and Drugs Act of 1906 was the first of more than 200 laws that constitute one of the world's most comprehensive and effective networks of public health and consumer protections. Here are a few of the congressional milestones:
"The Federal Food, Drug, and Cosmetic Act of 1938 was passed after a legally marketed toxic elixir killed 107 people, including many children. The FD&C Act completely overhauled the public health system. Among other provisions, the law authorized the FDA to demand evidence of safety for new drugs, issue standards for food, and conduct factory inspections.
"The Kefauver-Harris Amendments of 1962, which were inspired by the thalidomide tragedy in Europe (and the FDA's vigilance that prevented the drug's marketing in the United States), strengthened the rules for drug safety and required manufacturers to prove their drugs' effectiveness.
"The Medical Device Amendments of 1976 followed a U.S. Senate finding that faulty medical devices had caused 10,000 injuries, including 731 deaths. The law applied safety and effectiveness safeguards to new devices."
"Today, the FDA regulates $1 trillion worth of products a year. It ensures the safety of all food except for meat, poultry and some egg products; ensures the safety and effectiveness of all drugs, biological products (including blood, vaccines and tissues for transplantation), medical devices, and animal drugs and feed; and makes sure that cosmetics and medical and consumer products that emit radiation do no harm."
There are a whole host of other laws that impact the FDA. Among them are:
Federal Meat Inspection Act
(March 4, 1907)
Federal Trade Commission Act
(Sept. 26, 1914)
Filled Milk Act
(March 4, 1923)
Import Milk Act
(Feb. 15, 1927)
Public Health Service Act
(July 1, 1944)
Trademark Act of 1946
(July 5, 1946)
Reorganization Plan 1 of 1953
(March 12, 1953)
Poultry Products Inspection Act
(Aug. 28, 1957)
Fair Packaging and Labeling Act
(Nov. 3, 1966)
National Environmental Policy Act of 1969
(Jan. 1, 1970)
Controlled Substances Act
(Oct. 27, 1970)
Current regulations listing schedules of controlled substances Current regulations listing schedules of controlled substances
Controlled Substances Import and Export Act
(Oct. 27, 1970)
Egg Products Inspection Act
(Dec. 29, 1970)
Lead-Based Paint Poisoning Prevention Act
(Jan. 13, 1971)
Federal Advisory Committee Act
(Oct. 6, 1972)
Government in the Sunshine Act
(Sept. 13, 1976)
Federal Anti-Tampering Act
(Oct. 13, 1983)
Sanitary Food Transportation Act
(Nov. 3, 1990)
Mammography Quality Standards Act (MQSA)
(Oct. 27, 1992)
Bioterrorism Act of 2002
(June 12, 2002)
Project BioShield Act of 2004
(July 21, 2004)
Note that I've highlighted the only federal act that could conceivably provide any jurisdiction over what is commonly referred to as "doping" i.e., the use of any substance defined as an "anabolic steriod." Essentially the Controlled Substances Act gives the FDA authority to enforce and prosecute violations of that Act. What types of violations are described in the Act as it pertains to anabolic steroids?
Essentially, it's unlawful to manufacture them, import them, possess them, advertise them, export them, unless one is specifically registered with the FDA and permitted to engage in such activities. Manufacturing or advertising them for sale without the proper authority is punishable by not more than 4 years and not more than a $30K fine. Unauthorized possession (for a first offense) is punishable by not more than 1 year and a $1,000 fine (or both). Secondary and tertiary offenses can increase the penalties to 2 years/$2,500 and 5 years/$3,500.
The far more serious penalties for violations of the Controlled Substances Act are found here:
§ 848. Continuing criminal enterprise.
(a) Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title.
(b) Life imprisonment for engaging in continuing criminal enterprise
Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a) of this section, if -
(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and
(2)
(A) the violation referred to in subsection (c)(1) of this section involved at least 300 times the quantity of a substance described in subsection 841(b)(1)
(B) of this title, or
(B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 841(b)(1)(B) of this title.
(c) ''Continuing criminal enterprise'' defined
For purposes of subsection (a) of this section, a person is engaged in a continuing criminal enterprise if -
(1) he violates any provision of this subchapter or subchapter II of this chapter the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II of this chapter -
(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources.
(d) Suspension of sentence and probation prohibited
In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24-203 - 24-207), shall not apply.
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(continued below)
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