Page:United States Statutes at Large Volume 110 Part 5.djvu/29

 PUBLIC LAW 104-237—OCT. 3, 1996 110 STAT. 3103 SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SUPPLY PRECURSOR CHEMICALS. (a) OFFENSES.— Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended— (1) in paragraph (9), by striking "or" after the semicolon; (2) in paragraph (10), by striking the period and inserting "; or"; and (3) by adding at the end the following: "(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 title or title III, 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) CIVIL PENALTY.—Section 402(c)(2) of the Controlled Substsinces Act (21 U.S.C. 842(c)(2)) is amended by adding at the end the following: "(C) In addition to the penalties set forth elsewhere in this title or title III, any business that violates paragraph (11) of subsection (a) 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.". SEC. 206. INJUNCTIVE RELIEF. (a) TEN-YEAR INJUNCTION MAJOR OFFENSES.— Section 401(f) of the Controlled Substances Act (21 U.S.C. 841(f)) is amended by- (1) inserting "manufacture, exportation," after "distribution,"; and (2) striking "regulated". (b) TEN-YEAR INJUNCTION OTHER OFFENSES.—Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended— (1) in subsection (e), by— (A) inserting "manufacture, exportation," after "distribution,"; and (B) striking "regulated"; and (2) by adding at the end the following: " (f) INJUNCTIONS.— (1) In addition to any penalty provided in this section, the Attorney General is authorized to commence a civil action for appropriate declaratory or injunctive relief relating to violations of tlus section or section 402.

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