Page:United States Statutes at Large Volume 79.djvu/273

 79 STAT. ]

PUBLIC LAW 89-74-JULY 15, 1965

233

the United States within the jurisdiction of which they are found: (A) Any depressant or stimulant drug with respect to which a prohibited act within the meaning of section 301 (p] or (q) by any person ^e Stat. 795. has occurred, (B) Any drug that is a counterfeit drug, (C) Any con- AnLyp. 232!' tainer of such depressant or stimulant drug or of a counterfeit drug, (D) Any equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of section 301(p) or (q), by the manufacturer, compounder, or processor thereof, has occurred, and (E) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs." (b)(1) The first sentence of subsection (b) of such section 304 is amended by inserting ", equipment, or other thing proceeded against" after "article". (2) Subsection (d) of such section 304 is amended by inserting " (1) " ^i us^c -'34 ^* after " (d) " and redesignating clauses (1) and (2.) of the second sentence of such subsection as " (A) " and " (B) ", respectively; and by adding at the end of such subsection the following new paragraphs: "(2) The provisions of paragraph (1) of this subsection shall, to the extent deemed appropriate by the court, apply to any equipment or other thing which is not otherwise within the scope of such paragraph and which is referred to in paragraph (2) of subsection (a). ^"^^' P- ^^2* " (3) Whenever in any proceeding under this section, involving para- ci aim for remi sgraph (2) of subsection (a), the condemnation of any equipment or ^'°"* thing (other than a drug) is decreed, the court shall allow the claim of any claimant, to the extent of such claimant's interest, for remission or mitigation of such forfeiture if such claimant proves to the satisfaction of the court (i) that he has not committed or caused to be committed any prohibited act referred to in such paragraph (2) and has no interest in any drug referred to therein, (li) that he has an interest in such equipment or other thing as owner or lienor or otherwise, acquired by him in good faith, and (iii) that he at no time had any knowledge or reason to believe that such equipment or other thing was being or would be used in, or to facilitate, the violation of laws of the United States relating to depressant or stimulant drugs or counterfeit drugs." PENALTIES

SEC. 7. (a) Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended by inserting after the final S2 Stat. 1043. word "fine" and before the period the following: ": Provided, however, That any person who, having attained his eighteenth birthday, violates section 301(q)(2) by selling, delivering, or otherwise disposing of any depressant or stimulant drug to a person who has not attained his twenty-first birthday shall, if there be no previous conviction of such person under this section which has become final, be subject to imprisonment for not more than two years, or a fine of not more than $5,000, or both such imprisonment and fine, and for the second or any subsequent conviction for such a violation shall be subject to imprisonment for not more than six years, or a fine of not more than $15,000, or both such imprisonment and fine". (b) Section 303(b) of such Act (21 U.S.C. 333(b)) is amended by inserting after the word "shall" the following: "(except in the case of an offense which is subject to the provisions of the proviso to subsection (a) relating to second or subsequent offenses)".

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