subsection (a), any person who introduces into interstate commerce, delivers for introduction into interstate commerce, receives in interstate commerce, or manufactures a food that is misbranded as described in section 403(z), or misbrands the food as described in that section, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation described in paragraph (1). . 17. Definitions (a) Definitions applicable in this Act In this Act, the terms food and dietary supplement have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (b) Definitions applicable in the Federal Food, Drug, and Cosmetic Act Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (tt) The term artificial , with respect to food or any ingredient of food, means— (1) food or an ingredient that is synthetically produced whether or not it has the same chemical structure as a naturally occurring food or ingredient