
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC822]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
 Part C--Registration of Manufacturers, Distributors, and Dispensers of 
                          Controlled Substances
 
Sec. 822. Persons required to register


(a) Period of registration

    (1) Every person who manufactures or distributes any controlled 
substance or list I chemical, or who proposes to engage in the 
manufacture or distribution of any controlled substance or list I 
chemical, shall obtain annually a registration issued by the Attorney 
General in accordance with the rules and regulations promulgated by him.
    (2) Every person who dispenses, or who proposes to dispense, any 
controlled substance, shall obtain from the Attorney General a 
registration issued in accordance with the rules and regulations 
promulgated by him. The Attorney General shall, by regulation, determine 
the period of such registrations. In no event, however, shall such 
registrations be issued for less than one year nor for more than three 
years.

(b) Authorized activities

    Persons registered by the Attorney General under this subchapter to 
manufacture, distribute, or dispense controlled substances or list I 
chemicals are authorized to possess, manufacture, distribute, or 
dispense such substances or chemicals (including any such activity in 
the conduct of research) to the extent authorized by their registration 
and in conformity with the other provisions of this subchapter.

(c) Exceptions

    The following persons shall not be required to register and may 
lawfully possess any controlled substance or list I chemical under this 
subchapter:
        (1) An agent or employee of any registered manufacturer, 
    distributor, or dispenser of any controlled substance or list I 
    chemical if such agent or employee is acting in the usual course of 
    his business or employment.
        (2) A common or contract carrier or warehouseman, or an employee 
    thereof, whose possession of the controlled substance or list I 
    chemical is in the usual course of his business or employment.
        (3) An ultimate user who possesses such substance for a purpose 
    specified in section 802(25) \1\ of this title.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(d) Waiver

    The Attorney General may, by regulation, waive the requirement for 
registration of certain manufacturers, distributors, or dispensers if he 
finds it consistent with the public health and safety.

(e) Separate registration

    A separate registration shall be required at each principal place of 
business or professional practice where the applicant manufactures, 
distributes, or dispenses controlled substances or list I chemicals.

(f) Inspection

    The Attorney General is authorized to inspect the establishment of a 
registrant or applicant for registration in accordance with the rules 
and regulations promulgated by him.

(Pub. L. 91-513, title II, Sec. 302, Oct. 27, 1970, 84 Stat. 1253; Pub. 
L. 98-473, title II, Sec. 510, Oct. 12, 1984, 98 Stat. 2072; Pub. L. 
103-200, Sec. 3(b), Dec. 17, 1993, 107 Stat. 2336.)

                       References in Text

    This subchapter, referred to in subsecs. (b) and (c), was in the 
original ``this title'', meaning title II of Pub. L. 91-513, Oct. 27, 
1970, 84 Stat. 1242, as amended, 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.
    Section 802(25) of this title, referred to in subsec. (c)(3), was 
redesignated section 802(26) of this title by Pub. L. 98-473, title II, 
Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was further redesignated 
section 802(27) of this title by Pub. L. 99-570, title I, 
Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-200, Sec. 3(b)(1), inserted ``or 
list I chemical'' after ``controlled substance'' in two places.
    Subsec. (b). Pub. L. 103-200, Sec. 3(b)(2), inserted ``or list I 
chemicals'' after ``controlled substances'' and ``or chemicals'' after 
``such substances''.
    Subsec. (c). Pub. L. 103-200, Sec. 3(b)(3), inserted ``or list I 
chemical'' after ``controlled substance'' wherever appearing.
    Subsec. (e). Pub. L. 103-200, Sec. 3(b)(4), inserted ``or list I 
chemicals'' after ``controlled substances''.
    1984--Subsec. (a). Pub. L. 98-473 designated existing provisions as 
par. (1), struck out provisions relating to dispensing controlled 
substances, and added par. (2).


                    Effective Date of 1993 Amendment

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


                        Provisional Registration

    Section 703 of Pub. L. 91-513, as amended by Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(a)(1) Any person who--
        ``(A) is engaged in manufacturing, distributing, or dispensing 
    any controlled substance on the day before the effective date of 
    section 302 [this section], and
        ``(B) is registered on such day under section 510 of the Federal 
    Food, Drug, and Cosmetic Act [section 360 of this title] or under 
    section 4722 of the Internal Revenue Code of 1986 [formerly I.R.C. 
    1954, section 4722 of Title 26],
shall, with respect to each establishment for which such registration is 
in effect under any such section, be deemed to have a provisional 
registration under section 303 [section 823 of this title] for the 
manufacture, distribution, or dispensing (as the case may be) of 
controlled substances.
    ``(2) During the period his provisional registration is in effect 
under this section, the registration number assigned such person under 
such section 510 [section 360 of this title] or under such section 4722 
[section 4722 of Title 26] (as the case may be) shall be his 
registration number for purposes of section 303 of this title [section 
823 of this title].
    ``(b) The provisions of section 304 [section 824 of this title], 
relating to suspension and revocation of registration, shall apply to a 
provisional registration under this section.
    ``(c) Unless sooner suspended or revoked under subsection (b), a 
provisional registration of a person under subsection (a)(1) of this 
section shall be in effect until--
        ``(1) the date on which such person has registered with the 
    Attorney General under section 303 [section 823 of this title] or 
    has had his registration denied under such section, or
        ``(2) such date as may be prescribed by the Attorney General for 
    registration of manufacturers, distributors, or dispensers, as the 
    case may be,
whichever occurs first.''

                  Section Referred to in Other Sections

    This section is referred to in sections 827, 828, 880, 958, 965 of 
this title; title 18 section 2118.
