Page:United States Statutes at Large Volume 120.djvu/294

 PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 263

extent that paragraph (12), (13), or (14) of section 402(a) applies,’’. (2) AUTHORITY TO PROHIBIT SALES BY VIOLATORS.—Section 402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is amended by adding at the end the following paragraph: ‘‘(4)(A) If a regulated seller, or a distributor required to submit reports under section 310(b)(3), violates paragraph (12) of subsection (a) of this section, or if a regulated seller violates paragraph (13) of such subsection, the Attorney General may by order prohibit such seller or distributor (as the case may be) from selling any scheduled listed chemical product. Any sale of such a product in violation of such an order is subject to the same penalties as apply under paragraph (2). ‘‘(B) An order under subparagraph (A) may be imposed only through the same procedures as apply under section 304(c) for an order to show cause.’’. (g) PRESERVATION OF STATE AUTHORITY TO REGULATE SCHEDULED LISTED CHEMICALS.—This section and the amendments made by this section may not be construed as having any legal effect on section 708 of the Controlled Substances Act as applied to the regulation of scheduled listed chemicals (as defined in section 102(45) of such Act).

21 USC 802 note.

SEC. 712. REGULATED TRANSACTIONS.

(a) CONFORMING AMENDMENTS REGARDING SCHEDULED LISTED CHEMICALS.—The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (1) in section 102— (A) in paragraph (39)(A)— (i) by amending clause (iv) to read as follows: ‘‘(iv) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, subject to clause (v), unless— ‘‘(I) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and ‘‘(II) the quantity of the listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General;’’; (ii) by redesignating clause (v) as clause (vi); and (iii) by inserting after clause (iv) the following clause: ‘‘(v) any transaction in a scheduled listed chemical product that is a sale at retail by a regulated seller or a distributor required to submit reports under section 310(b)(3); or’’; and (B) by striking the paragraph (45) that relates to the term ‘‘ordinary over-the-counter pseudoephedrine or phenylpropanolamine product’’; (2) in section 204, by striking subsection (e); and (3) in section 303(h), in the second sentence, by striking ‘‘section 102(39)(A)(iv)’’ and inserting ‘‘clause (iv) or (v) of section 102(39)(A)’’.

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21 USC 802.

21 USC 814. 21 USC 823.

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