Page:United States Statutes at Large Volume 120.djvu/293

 120 STAT. 262

21 USC 844 note.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–177—MAR. 9, 2006

(b) and (c) of this section, respectively, is amended by adding at the end the following paragraph: ‘‘(3) EXEMPTIONS FOR CERTAIN PRODUCTS.—Upon the application of a manufacturer of a scheduled listed chemical product, the Attorney General may by regulation provide that the product is exempt from the provisions of subsection (d) and paragraphs (1) and (2) of this subsection if the Attorney General determines that the product cannot be used in the illicit manufacture of methamphetamine.’’. (e) RESTRICTIONS ON QUANTITY PURCHASED DURING 30-DAY PERIOD.— (1) IN GENERAL.—Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after the second sentence the following: ‘‘It shall be unlawful for any person to knowingly or intentionally purchase at retail during a 30 day period more than 9 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product, except that, of such 9 grams, not more than 7.5 grams may be imported by means of shipping through any private or commercial carrier or the Postal Service.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) applies on and after the expiration of the 30-day period beginning on the date of the enactment of this Act. (f) ENFORCEMENT OF REQUIREMENTS FOR RETAIL SALES.— (1) CIVIL AND CRIMINAL PENALTIES.— (A) IN GENERAL.—Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended— (i) in paragraph (10), by striking ‘‘or’’ after the semicolon; (ii) in paragraph (11), by striking the period at the end and inserting a semicolon; and (iii) by inserting after paragraph (11) the following paragraphs: ‘‘(12) who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of section 310— ‘‘(A) to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d) of such section, knowing at the time of the transaction involved (independent of consulting the logbook under subsection (e)(1)(A)(iii) of such section) that the transaction is a violation; or ‘‘(B) to knowingly or recklessly sell at retail such a product in violation of paragraph (2) of such subsection (d); ‘‘(13) who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in violation of subsection (e) of such section; or ‘‘(14) who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under subparagraph (C) of section 310(e)(1), information in logbooks under subparagraph (A)(iii) of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement authorities.’’. (B) CONFORMING AMENDMENT.—Section 401(f)(1) of the Controlled Substances Act (21 U.S.C. 841(f)(1)) is amended by inserting after ‘‘shall’’ the following: ‘‘, except to the

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