
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC824]

 
                        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. 824. Denial, revocation, or suspension of registration


(a) Grounds

    A registration pursuant to section 823 of this title to manufacture, 
distribute, or dispense a controlled substance or a list I chemical may 
be suspended or revoked by the Attorney General upon a finding that the 
registrant--
        (1) has materially falsified any application filed pursuant to 
    or required by this subchapter or subchapter II of this chapter;
        (2) has been convicted of a felony under this subchapter or 
    subchapter II of this chapter or any other law of the United States, 
    or of any State, relating to any substance defined in this 
    subchapter as a controlled substance or a list I chemical;
        (3) has had his State license or registration suspended, 
    revoked, or denied by competent State authority and is no longer 
    authorized by State law to engage in the manufacturing, 
    distribution, or dispensing of controlled substances or list I 
    chemicals or has had the suspension, revocation, or denial of his 
    registration recommended by competent State authority;
        (4) has committed such acts as would render his registration 
    under section 823 of this title inconsistent with the public 
    interest as determined under such section; or
        (5) has been excluded (or directed to be excluded) from 
    participation in a program pursuant to section 1320a-7(a) of title 
    42.

A registration pursuant to section 823(g)(1) of this title to dispense a 
narcotic drug for maintenance treatment or detoxification treatment may 
be suspended or revoked by the Attorney General upon a finding that the 
registrant has failed to comply with any standard referred to in section 
823(g)(1) of this title.

(b) Limits of revocation or suspension

    The Attorney General may limit revocation or suspension of a 
registration to the particular controlled substance or list I chemical 
with respect to which grounds for revocation or suspension exist.

(c) Service of show cause order; proceedings

    Before taking action pursuant to this section, or pursuant to a 
denial of registration under section 823 of this title, the Attorney 
General shall serve upon the applicant or registrant an order to show 
cause why registration should not be denied, revoked, or suspended. The 
order to show cause shall contain a statement of the basis thereof and 
shall call upon the applicant or registrant to appear before the 
Attorney General at a time and place stated in the order, but in no 
event less than thirty days after the date of receipt of the order. 
Proceedings to deny, revoke, or suspend shall be conducted pursuant to 
this section in accordance with subchapter II of chapter 5 of title 5. 
Such proceedings shall be independent of, and not in lieu of, criminal 
prosecutions or other proceedings under this subchapter or any other law 
of the United States.

(d) Suspension of registration in cases of imminent danger

    The Attorney General may, in his discretion, suspend any 
registration simultaneously with the institution of proceedings under 
this section, in cases where he finds that there is an imminent danger 
to the public health or safety. A failure to comply with a standard 
referred to in section 823(g)(1) of this title may be treated under this 
subsection as grounds for immediate suspension of a registration granted 
under such section. A suspension under this subsection shall continue in 
effect until the conclusion of such proceedings, including judicial 
review thereof, unless sooner withdrawn by the Attorney General or 
dissolved by a court of competent jurisdiction.

(e) Suspension and revocation of quotas

    The suspension or revocation of a registration under this section 
shall operate to suspend or revoke any quota applicable under section 
826 of this title.

(f) Disposition of controlled substances or list I chemicals

    In the event the Attorney General suspends or revokes a registration 
granted under section 823 of this title, all controlled substances or 
list I chemicals owned or possessed by the registrant pursuant to such 
registration at the time of suspension or the effective date of the 
revocation order, as the case may be, may, in the discretion of the 
Attorney General, be placed under seal. No disposition may be made of 
any controlled substances or list I chemicals under seal until the time 
for taking an appeal has elapsed or until all appeals have been 
concluded except that a court, upon application therefor, may at any 
time order the sale of perishable controlled substances or list I 
chemicals. Any such order shall require the deposit of the proceeds of 
the sale with the court. Upon a revocation order becoming final, all 
such controlled substances or list I chemicals (or proceeds of sale 
deposited in court) shall be forfeited to the United States; and the 
Attorney General shall dispose of such controlled substances or list I 
chemicals in accordance with section 881(e) of this title. All right, 
title, and interest in such controlled substances or list I chemicals 
shall vest in the United States upon a revocation order becoming final.

(g) Seizure or placement under seal of controlled substances or list I 
        chemicals

    The Attorney General may, in his discretion, seize or place under 
seal any controlled substances or list I chemicals owned or possessed by 
a registrant whose registration has expired or who has ceased to 
practice or do business in the manner contemplated by his registration. 
Such controlled substances or list I chemicals shall be held for the 
benefit of the registrant, or his successor in interest. The Attorney 
General shall notify a registrant, or his successor in interest, who has 
any controlled substance or list I chemical seized or placed under seal 
of the procedures to be followed to secure the return of the controlled 
substance or list I chemical and the conditions under which it will be 
returned. The Attorney General may not dispose of any controlled 
substance or list I chemical seized or placed under seal under this 
subsection until the expiration of one hundred and eighty days from the 
date such substance or chemical was seized or placed under seal.

(Pub. L. 91-513, title II, Sec. 304, Oct. 27, 1970, 84 Stat. 1255; Pub. 
L. 93-281, Sec. 4, May 14, 1974, 88 Stat. 125; Pub. L. 98-473, title II, 
Secs. 304, 512, 513, Oct. 12, 1984, 98 Stat. 2050, 2073; Pub. L. 100-93, 
Sec. 8(j), Aug. 18, 1987, 101 Stat. 695; Pub. L. 103-200, Sec. 3(d), 
Dec. 17, 1993, 107 Stat. 2337; Pub. L. 103-322, title XXXIII, 
Sec. 330024(e), Sept. 13, 1994, 108 Stat. 2151; Pub. L. 106-310, div. B, 
title XXXV, Sec. 3502(b), Oct. 17, 2000, 114 Stat. 1227.)

                       References in Text

    This subchapter, referred to in subsec. (a)(1), (2), 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.
    Subchapter II of this chapter, referred to in subsec. (a)(1), (2), 
was in the original ``title III'', meaning title III of Pub. 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

    2000--Subsec. (a). Pub. L. 106-310, Sec. 3502(b)(1), substituted 
``section 823(g)(1) of this title'' for ``section 823(g) of this title'' 
in two places in concluding provisions.
    Subsec. (d). Pub. L. 106-310, Sec. 3502(b)(2), substituted ``section 
823(g)(1) of this title'' for ``section 823(g) of this title''.
    1994--Subsec. (g). Pub. L. 103-322 inserted ``or chemical'' after 
``such substance'' in last sentence.
    1993--Subsec. (a). Pub. L. 103-200, Sec. 3(d)(1), inserted ``or a 
list I chemical'' after ``controlled substance'' in introductory 
provisions and par. (2) and inserted ``or list I chemicals'' after 
``controlled substances'' in par. (3).
    Subsec. (b). Pub. L. 103-200, Sec. 3(d)(2), inserted ``or list I 
chemical'' after ``controlled substance''.
    Subsec. (f). Pub. L. 103-200, Sec. 3(d)(3), inserted ``or list I 
chemicals'' after ``controlled substances'' wherever appearing.
    Subsec. (g). Pub. L. 103-200, Sec. 3(d)(4), inserted ``or list I 
chemicals'' after ``controlled substances'' in two places and ``or list 
I chemical'' after ``controlled substance'' wherever appearing.
    1987--Subsec. (a)(5). Pub. L. 100-93 added par. (5).
    1984--Subsec. (a)(3). Pub. L. 98-473, Sec. 512(1), inserted 
provisions relating to suspension, etc., recommended by competent State 
authority.
    Subsec. (a)(4). Pub. L. 98-473, Sec. 512(2), added par. (4).
    Subsec. (f). Pub. L. 98-473, Sec. 304, inserted provisions relating 
to vesting of right, title, and interest in the United States.
    Subsec. (g). Pub. L. 98-473, Sec. 513, added subsec. (g).
    1974--Subsec. (a). Pub. L. 93-281, Sec. 4(a), provided for 
revocation or suspension of a registration pursuant to section 823(g) of 
this title for failure of a registrant to comply with standards referred 
to in such section 823(g).
    Subsec. (d). Pub. L. 93-281, Sec. 4(b), substituted ``A suspension 
under this subsection'' for ``Such suspension'' in third sentence.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-322 effective 120 days after Dec. 17, 1993, 
see section 330024(f) of Pub. L. 103-322, set out as a note under 
section 802 of this title.


                    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.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-93 effective at end of fourteen-day period 
beginning Aug. 18, 1987, and inapplicable to administrative proceedings 
commenced before end of such period, see section 15(a) of Pub. L. 100-
93, set out as a note under section 1320a-7 of Title 42, The Public 
Health and Welfare.


                        Provisional Registration

    Applicability of this section to provisional registrations, see 
section 703 of Pub. L. 91-513, set out as a note under section 822 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 823, 842 of this title; 
title 42 sections 1320a-7, 11152.
