-CITE-
21 USC Sec. 822 01/22/02
-EXPCITE-
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
-HEAD-
Sec. 822. Persons required to register
-STATUTE-
(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) (FOOTNOTE 1) of
this title.
(FOOTNOTE 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.
-SOURCE-
(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.)
-REFTEXT-
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.
-MISC2-
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.''
-SECREF-
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.
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