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CITE

    21 USC Sec. 842                                             01/05/2009

EXPCITE

    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties

HEAD

    Sec. 842. Prohibited acts B

STATUTE

    (a) Unlawful acts
      It shall be unlawful for any person -
        (1) who is subject to the requirements of part C to distribute
      or dispense a controlled substance in violation of section 829 of
      this title;
        (2) who is a registrant to distribute or dispense a controlled
      substance not authorized by his registration to another
      registrant or other authorized person or to manufacture a
      controlled substance not authorized by his registration;
        (3) who is a registrant to distribute a controlled substance in
      violation of section 825 of this title;
        (4) to remove, alter, or obliterate a symbol or label required
      by section 825 of this title;
        (5) to refuse or negligently fail to make, keep, or furnish any
      record, report, notification, declaration, order or order form,
      statement, invoice, or information required under this subchapter
      or subchapter II of this chapter;
        (6) to refuse any entry into any premises or inspection
      authorized by this subchapter or subchapter II of this chapter;
        (7) to remove, break, injure, or deface a seal placed upon
      controlled substances pursuant to section 824(f) or 881 of this
      title or to remove or dispose of substances so placed under seal;
        (8) to use, to his own advantage, or to reveal, other than to
      duly authorized officers or employees of the United States, or to
      the courts when relevant in any judicial proceeding under this
      subchapter or subchapter II of this chapter, any information
      acquired in the course of an inspection authorized by this
      subchapter concerning any method or process which as a trade
      secret is entitled to protection, or to use to his own advantage
      or reveal (other than as authorized by section 830 of this title)
      any information that is confidential under such section;
        (9) who is a regulated person to engage in a regulated
      transaction without obtaining the identification required by
      830(a)(3) of this title.(!1)
        (10) negligently to fail to keep a record or make a report
      under section 830 of this title;
        (11) to distribute a laboratory supply to a person who uses, or
      attempts to use, that laboratory supply to manufacture a
      controlled substance or a listed chemical, in violation of this
      subchapter or subchapter II of this chapter, with reckless
      disregard for the illegal uses to which such a laboratory supply
      will be put;
        (12) who is a regulated seller, or a distributor required to
      submit reports under subsection (b)(3) of section 830 of this
      title -
          (A) to sell at retail a scheduled listed chemical product in
        violation of paragraph (1) of subsection (d) of such section,
        knowing at the time of the transaction involved (independent of
        consulting the logbook under subsection (e)(1)(A)(iii) of such
        section) that the transaction is a violation; or
          (B) to knowingly or recklessly sell at retail such a product
        in violation of paragraph (2) of such subsection (d);
        (13) who is a regulated seller to knowingly or recklessly sell
      at retail a scheduled listed chemical product in violation of
      subsection (e) of such section; or
        (14) who is a regulated seller or an employee or agent of such
      seller to disclose, in violation of regulations under
      subparagraph (C) of section 830(e)(1) of this title, information
      in logbooks under subparagraph (A)(iii) of such section, or to
      refuse to provide such a logbook to Federal, State, or local law
      enforcement authorities.
    As used in paragraph (11), the term "laboratory supply" means a
    listed chemical or any chemical, substance, or item on a special
    surveillance list published by the Attorney General, which contains
    chemicals, products, materials, or equipment used in the
    manufacture of controlled substances and listed chemicals. For
    purposes of paragraph (11), there is a rebuttable presumption of
    reckless disregard at trial if the Attorney General notifies a firm
    in writing that a laboratory supply sold by the firm, or any other
    person or firm, has been used by a customer of the notified firm,
    or distributed further by that customer, for the unlawful
    production of controlled substances or listed chemicals a firm
    distributes and 2 weeks or more after the notification the notified
    firm distributes a laboratory supply to the customer.
    (b) Manufacture
      It shall be unlawful for any person who is a registrant to
    manufacture a controlled substance in schedule I or II, or
    ephedrine, pseudoephedrine, or phenylpropanolamine or any of the
    salts, optical isomers, or salts of optical isomers of such
    chemical, which is -
        (1) not expressly authorized by his registration and by a quota
      assigned to him pursuant to section 826 of this title; or
        (2) in excess of a quota assigned to him pursuant to section
      826 of this title.
    (c) Penalties
      (1)(A) Except as provided in subparagraph (B) of this paragraph
    and paragraph (2), any person who violates this section shall, with
    respect to any such violation, be subject to a civil penalty of not
    more than $25,000. The district courts of the United States (or,
    where there is no such court in the case of any territory or
    possession of the United States, then the court in such territory
    or possession having the jurisdiction of a district court of the
    United States in cases arising under the Constitution and laws of
    the United States) shall have jurisdiction in accordance with
    section 1355 of title 28 to enforce this paragraph.
      (B) In the case of a violation of paragraph (5) or (10) of
    subsection (a) of this section, the civil penalty shall not exceed
    $10,000.
      (2)(A) If a violation of this section is prosecuted by an
    information or indictment which alleges that the violation was
    committed knowingly and the trier of fact specifically finds that
    the violation was so committed, such person shall, except as
    otherwise provided in subparagraph (B) of this paragraph, be
    sentenced to imprisonment of not more than one year or a fine under
    title 18, or both.
      (B) If a violation referred to in subparagraph (A) was committed
    after one or more prior convictions of the offender for an offense
    punishable under this paragraph (2), or for a crime under any other
    provision of this subchapter or subchapter II of this chapter or
    other law of the United States relating to narcotic drugs,
    marihuana, or depressant or stimulant substances, have become
    final, such person shall be sentenced to a term of imprisonment of
    not more than 2 years, a fine under title 18, or both.
      (C) In addition to the penalties set forth elsewhere in this
    subchapter or subchapter II of this chapter, any business that
    violates paragraph (11) of subsection (a) of this section shall,
    with respect to the first such violation, be subject to a civil
    penalty of not more than $250,000, but shall not be subject to
    criminal penalties under this section, and shall, for any
    succeeding violation, be subject to a civil fine of not more than
    $250,000 or double the last previously imposed penalty, whichever
    is greater.
      (3) Except under the conditions specified in paragraph (2) of
    this subsection, a violation of this section does not constitute a
    crime, and a judgment for the United States and imposition of a
    civil penalty pursuant to paragraph (1) shall not give rise to any
    disability or legal disadvantage based on conviction for a criminal
    offense.
      (4)(A) If a regulated seller, or a distributor required to submit
    reports under section 830(b)(3) of this title, violates paragraph
    (12) of subsection (a) of this section, or if a regulated seller
    violates paragraph (13) of such subsection, the Attorney General
    may by order prohibit such seller or distributor (as the case may
    be) from selling any scheduled listed chemical product. Any sale of
    such a product in violation of such an order is subject to the same
    penalties as apply under paragraph (2).
      (B) An order under subparagraph (A) may be imposed only through
    the same procedures as apply under section 824(c) of this title for
    an order to show cause.

SOURCE

    (Pub. L. 91-513, title II, Sec. 402, Oct. 27, 1970, 84 Stat. 1262;
    Pub. L. 95-633, title II, Sec. 202(b)(1), (2), Nov. 10, 1978, 92
    Stat. 3776; Pub. L. 100-690, title VI, Sec. 6056, Nov. 18, 1988,
    102 Stat. 4318; Pub. L. 104-237, title II, Sec. 205, Oct. 3, 1996,
    110 Stat. 3103; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec.
    117], Oct. 21, 1998, 112 Stat. 2681-50, 2681-68; Pub. L. 107-273,
    div. B, title IV, Sec. 4002(b)(16), (d)(2)(B), Nov. 2, 2002, 116
    Stat. 1808, 1809; Pub. L. 109-177, title VII, Secs. 711(f)(1)(A),
    (2), 714, Mar. 9, 2006, 120 Stat. 262-264.)

REFERENCES IN TEXT

      Schedules I and II, referred to in subsec. (b), are set out in
    section 812(c) of this title.

AMENDMENTS

      2006 - Subsec. (a)(12) to (14). Pub. L. 109-177, Sec.
    711(f)(1)(A), added pars. (12) to (14).
      Subsec. (b). Pub. L. 109-177, Sec. 714, inserted ", or ephedrine,
    pseudoephedrine, or phenylpropanolamine or any of the salts,
    optical isomers, or salts of optical isomers of such chemical,"
    after "manufacture a controlled substance in schedule I or II" in
    introductory provisions.
      Subsec. (c)(4). Pub. L. 109-177, Sec. 711(f)(2), added par. (4).
      2002 - Subsec. (c)(2)(A). Pub. L. 107-273, Sec. 4002(d)(2)(B)(i),
    substituted "under title 18" for "of not more than $25,000".
      Subsec. (c)(2)(B). Pub. L. 107-273, Sec. 4002(d)(2)(B)(ii),
    substituted "under title 18" for "of $50,000".
      Subsec. (c)(2)(C). Pub. L. 107-273, Sec. 4002(b)(16), realigned
    margins.
      1998 - Subsec. (a)(5). Pub. L. 105-277, Sec. 101(b) [title I,
    Sec. 117(1)], inserted "negligently" before "fail".
      Subsec. (a)(10). Pub. L. 105-277, Sec. 101(b) [title I, Sec.
    117(2)], inserted "negligently" before "to fail".
      Subsec. (c)(1). Pub. L. 105-277, Sec. 101(b) [title I, Sec.
    117(3)], designated existing provisions as subpar. (A), inserted
    "subparagraph (B) of this paragraph and" before "paragraph (2)",
    and added subpar. (B).
      1996 - Subsec. (a). Pub. L. 104-237, Sec. 205(a), added par. (11)
    and closing provisions.
      Subsec. (c)(2)(C). Pub. L. 104-237, Sec. 205(b), added subpar.
    (C).
      1988 - Subsec. (a)(8). Pub. L. 100-690, Sec. 6056(a), inserted ",
    or to use to his own advantage or reveal (other than as authorized
    by section 830 of this title) any information that is confidential
    under such section" after "protection".
      Subsec. (a)(9). Pub. L. 100-690, Sec. 6056(b), amended par. (9)
    generally. Prior to amendment, par. (9) read as follows: "to
    distribute or sell piperidine in violation of regulations
    established under section 830(a)(2) of this title, respecting
    presentation of identification."
      Subsec. (a)(10). Pub. L. 100-690, Sec. 6056(d), added par. (10).
      Subsec. (c)(2)(C). Pub. L. 100-690, Sec. 6056(c), struck out
    subpar. (C) which read as follows: "Subparagraphs (A) and (B) shall
    not apply to a violation of subsection (a)(5) of this section with
    respect to a refusal or failure to make a report required under
    section 830(a) of this title (relating to piperidine reporting)."
      1978 - Subsec. (a)(9). Pub. L. 95-633, Sec. 202(b)(1), added par.
    (9).
      Subsec. (c)(2)(C). Pub. L. 95-633, Sec. 202(b)(2), added subpar.
    (C).
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
    1988, see section 6061 of Pub. L. 100-690, set out as a note under
    section 802 of this title.
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective Nov. 10, 1978, see section
    203(a) of Pub. L. 95-633 set out as an Effective Date note under
    section 830 of this title.
                                  REPEALS
      Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
    repealed section 203(d) of Pub. L. 95-633, which had provided for
    the repeal of subsecs. (a)(9) and (c)(2)(C) of this section
    effective Jan. 1, 1981.

FOOTNOTE

    (!1) So in original. Probably should be "section 830(a)(3) of
         this title;".
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