-CITE-
21 USC Sec. 824 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. 824. Denial, revocation, or
suspension of registration
-STATUTE-
(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 orsubchapter
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.
-SOURCE-
(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,
Sec. 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.)
-REFTEXT-
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.
-MISC2-
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.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred to in
sections 823, 842 of this title; title
42 sections 1320a-7, 11152.
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