
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: 21USC842]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 842. Prohibited acts B


(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;
        (10) negligently to fail to keep a record or make a report under 
    section 830 of this title; or
        (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.

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 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 of not more than $25,000, 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 
of $50,000, 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.

(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.)

                       References in Text

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


                               Amendments

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 843, 961 of this title.
