21 USC, Section 814

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Regulations & Codified CSA > USC > Subchapter I, Part B > Section 814

Title 21 United States Code (USC)
Controlled Substances Act

Section 814. Removal of Exemption of Certain Drugs

(a) Removal of exemption. The Attorney General shall by regulation remove from exemption under section 802(39)(A)(iv) of this title a drug or group of drugs that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance.

(b) Factors to be considered. In removing a drug or group of drugs from exemption under subsection (a) of this section, the Attorney General shall consider, with respect to a drug or group of drugs that is proposed to be removed from exemption --

(1) the scope, duration, and significance of the diversion;

(2) whether the drug or group of drugs is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance; and

(3) whether the listed chemical can be readily recovered from the drug or group of drugs.

(c) Specificity of designation. The Attorney General shall limit the designation of a drug or a group of drugs removed from exemption under subsection (a) of this section to the most particularly identifiable type of drug or group of drugs for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug or group of drugs.

(d) Reinstatement of exemption with respect to particular drug products.

(1) Reinstatement. On application by a manufacturer of a

particular drug product that has been removed from exemption under subsection (a) of this section, the Attorney General shall by regulation reinstate the exemption with respect to that particular drug product if the Attorney General determines that the particular drug product is manufactured and distributed in a manner that prevents diversion.

(2) Factors to be considered. In deciding whether to

reinstate the exemption with respect to a particular drug product under paragraph (1), the Attorney General shall consider --

(A) the package sizes and manner of packaging of the drug product;

(B) the manner of distribution and advertising of the drug product;

(C) evidence of diversion of the drug product;

(D) any actions taken by the manufacturer to prevent diversion of the drug product; and

(E) such other factors as are relevant to and consistent with the public health and safety, including the factors described in subsection (b) of this section as applied to the drug product.

(3) Status pending application for reinstatement. A transaction involving a particular drug product that is the subject of a bona fide pending application for reinstatement of exemption filed with the Attorney General not later than 60 days after a regulation removing the exemption is issued pursuant to subsection (a) of this section shall not be considered to be a regulated transaction if the transaction occurs during the pendency of the application and, if the Attorney General denies the application, during the period of 60 days following the date on which the Attorney General denies the application, unless --

(A) the Attorney General has evidence that, applying the factors described in subsection (b) of this section to the drug product, the drug product is being diverted; and

(B) the Attorney General so notifies the applicant.

(4) Amendment and modification. A regulation reinstating an exemption under paragraph (1) may be modified or revoked with respect to a particular drug product upon a finding that --

(A) applying the factors described in subsection (b) of this section to the drug product, the drug product is being diverted; or

(B) there is a significant change in the data that led to the issuance of the regulation.

(e) Reinstatement of Exemption With Respect to Ephedrine, Pseudoephedrine, and Phenylpropanolamine Drug Products.-- Pursuant to subsection (d)(1), the Attorney General shall by regulation reinstate the exemption with respect to a particular ephedrine, pseudoephedrine, or phenylpropanolamine drug product if the Attorney General determines that the drug product is manufactured and distributed in a manner that prevents diversion. In making this determination the Attorney General shall consider the factors listed in subsection (d)(2). Any regulation issued pursuant to this subsection may be amended or revoked based on the factors listed in subsection (d)(4).

(Pub.L. 91-513, Title II, Section 204, as added Pub.L. 103-200, Section 2(b)(1), Dec. 17, 1993, 107 Stat. 2334, and amended Pub.L. 104-237, Title IV, Section 401(c), Oct. 3, 1996, 110 Stat. 3108.)

EDITORIAL NOTES

Effective Date. Section effective on the day 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.

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Title 21 United States Code (USC) Controlled Substances Act

Section 814. Removal of Exemption of Certain Drugs

Title 21 United States Code (USC)
Controlled Substances Act