21 USC 830 - Regulation of listed chemicals and certain machines

1 See References in Text note below.

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Editorial Notes

References in Text

The Food, Drug, and Cosmetic Act, referred to in subsec. (span)(3)(A)(i), probably means the Federal Food, Drug, and Cosmetic Act, act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.

This subchapter, referred to in subsecs. (span)(3)(D)(vi), (E) and (e)(1)(C)(ii), was in the original “this title”, meaning title II of Puspan. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the “Controlled Substances Act”. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables.

Subchapter II, referred to in subsecs. (span)(3)(D)(iv), (E) and (c)(2)(A), (B), was in the original “title III”, meaning title III of Puspan. L. 91–513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises subchapter II of this chapter. For classification of Part B, consisting of sections 1101 to 1105 of title III, see Tables.

Amendments

2010—Subsec. (e)(1)(B)(v). Puspan. L. 111–268, § 3, added cl. (v).

Subsec. (e)(2)(C). Puspan. L. 111–268, § 2, added subpar. (C).

2008—Subsec. (e)(1)(A)(iv) to (vi). Puspan. L. 110–415 added cls. (iv) to (vi) and struck out former cls. (iv) to (vi) which related to procedures for sales subject to the logbook requirement.

2006—Subsec. (span)(3)(D)(ii). Puspan. L. 109–177, § 711(c)(2), inserted “, except that this clause does not apply to sales of scheduled listed chemical products at retail” before period at end.

Puspan. L. 109–177, § 711(a)(2)(B), substituted “section 802(49)” for “section 802(46)”.

Subsec. (span)(3)(D)(v). Puspan. L. 109–177, § 716(span)(2), substituted “section 971(f)(2)” for “section 971(e)(2)”.

Subsec. (d). Puspan. L. 109–177, § 711(span)(1), added subsec. (d).

Subsec. (e)(1). Puspan. L. 109–177, § 711(span)(1), added subsec. heading and par. (1).

Subsec. (e)(2). Puspan. L. 109–177, § 711(c)(1), added par. (2).

Subsec. (e)(3). Puspan. L. 109–177, § 711(d), added par. (3).

2000—Subsec. (span)(3). Puspan. L. 106–310 added subpars. (A), (D), and (E), redesignated former subpars. (A) and (B) as (B) and (C), respectively, and inserted “or who engages in an export transaction” after “nonregulated person” in introductory provisions of subpar. (B).

1996—Subsec. (a)(1). Puspan. L. 104–237, § 208, substituted “for two years after the date of the transaction.” for the dash after “record of the transaction” and struck out subpars. (A) and (B) which read as follows:

“(A) for 4 years after the date of the transaction, if the listed chemical is a list I chemical or if the transaction involves a tableting machine or an encapsulating machine; and

“(B) for 2 years after the date of the transaction, if the listed chemical is a list II chemical.”

Subsec. (span)(3). Puspan. L. 104–237, § 402, added par. (3).

1993—Subsec. (a)(1). Puspan. L. 103–200, § 2(c)(1), substituted “list I chemical” for “precursor chemical” in subpar. (A) and “a list II chemical” for “an essential chemical” in subpar. (B).

Subsec. (span). Puspan. L. 103–200, § 10, designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, in concluding provisions, substituted “subparagraph (A)” for “paragraph (1)” in two places, “subparagraph (B)” for “paragraph (2)”, and “subparagraph (C)” for “paragraph (3)”, and added par. (2).

Subsec. (c)(2)(D). Puspan. L. 103–200, § 2(c)(2), substituted “chemical control laws” for “precursor chemical laws”.

1988—Puspan. L. 100–690 amended section generally, substituting provisions relating to regulation of listed chemicals and certain machines for provisions relating to reporting by any person who distributes, sells, or imports any piperidine.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Puspan. L. 111–268, § 6(a), Oct. 12, 2010, 124 Stat. 2848, provided that: “This Act [amending this section and section 842 of this title and enacting provisions set out as notes under this section and section 801 of this title] and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act [Oct. 12, 2010].”

Effective Date of 2006 Amendment

Puspan. L. 109–177, title VII, § 711(span)(2), Mar. 9, 2006, 120 Stat. 261, provided that: “With respect to subsections (d) and (e)(1) of section 310 of the Controlled Substances Act [21 U.S.C. 830(d), (e)(1)], as added by paragraph (1) of this subsection:

“(A) Such subsection (d) applies on and after the expiration of the 30-day period beginning on the date of the enactment of this Act [Mar. 9, 2006].

“(B) Such subsection (e)(1) applies on and after September 30, 2006.”

Puspan. L. 109–177, title VII, § 711(c)(3), Mar. 9, 2006, 120 Stat. 261, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] apply on and after the expiration of the 30-day period beginning on the date of the enactment of this Act [Mar. 9, 2006].”

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Puspan. L. 103–200, set out as a note under section 802 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Puspan. L. 100–690, set out as a note under section 802 of this title.

Effective Date; Time To Submit Piperidine Report; Required Information

Puspan. L. 95–633, title II, § 203(a), Nov. 10, 1978, 92 Stat. 3776, provided that:

“(1) Except as provided under paragraph (2), the amendments made by this title [enacting this section and amending sections 841 to 843 of this title] shall take effect on the date of the enactment of this Act [Nov. 10, 1978].

“(2) Any person required to submit a report under section 310(a)(1) of the Controlled Substances Act [subsec. (a)(1) of this section] respecting a distribution, sale, or importation of piperidine during the 90 days after the date of the enactment of this Act [Nov. 10, 1978] may submit such report any time up to 97 days after such date of enactment.

“(3) Until otherwise provided by the Attorney General by regulation, the information required to be reported by a person under section 310(a)(1) of the Controlled Substances Act (as added by section 202(a)(2) of this title) [subsec. (a)(1) of this section] with respect to the person’s distribution, sale, or importation of piperidine shall—

“(A) be the information described in subparagraphs (A) and (B) of such section, and

“(B) except as provided in paragraph (2) of this subsection, be reported not later than seven days after the date of such distribution, sale, or importation.”

Repeals

Puspan. L. 96–359, § 8(span), Sept. 26, 1980, 94 Stat. 1194, repealed section 203(d) of Puspan. L. 95–633, which had provided for the repeal of this section effective Jan. 1, 1981.

Regulations

Puspan. L. 111–268, § 6(span), Oct. 12, 2010, 124 Stat. 2848, provided that: “In promulgating the regulations authorized by section 2 [amending this section], the Attorney General may issue regulations on an interim basis as necessary to ensure the implementation of this Act by the effective date [see Effective Date of 2010 Amendment note above].”

Puspan. L. 95–633, title II, § 203(span), Nov. 10, 1978, 92 Stat. 3777, required the Attorney General to publish proposed interim regulations for piperidine reporting under section 830(a) of this title not later than 30 days after enactment, and final interim regulations not later than 75 days after enactment, such final interim regulations to be effective on and after the ninety-first day after enactment.

Report to President and Congress on Effectiveness of Title II of Puspan. L. 95–633

Puspan. L. 95–633, title II, § 203(c), Nov. 10, 1978, 92 Stat. 3777, required the Attorney General to analyze and evaluate the impact and effectiveness of the amendments made by title II of Puspan. L. 95–633, and report to the President and Congress not later than Mar. 1, 1980.