It shall be unlawful for any person-
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. For purposes of paragraph (15), if the distributor is temporarily unable to access the list of persons referred to under section 830(e)(1)(B)(v) of this title, the distributor may rely on a written, faxed, or electronic copy of a certificate of self-certification submitted by the regulated seller or regulated person, provided the distributor confirms within 7 business days of the distribution that such regulated seller or regulated person is on the list referred to under section 830(e)(1)(B)(v) of this title.
It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II, or ephedrine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of optical isomers of such chemical, which is-
1So in original. Probably should be "section 830(a)(3) of this title;".
2See References in Text note below.
21 U.S.C. § 842
EDITORIAL NOTES
REFERENCES IN TEXTSection 825 of this title, referred to in subsec. (a)(16), was so in the original, but probably should have been a reference to section 305 of Pub. L. 91-513 which is classified to section 825 of this title.Schedules I and II, referred to in subsec. (b), are set out in section 812(c) of this title.
AMENDMENTS2018-Subsec. (a)(17). Pub. L. 115-271, §3273(c)(1), added par. (17).Subsec. (c)(1)(B). Pub. L. 115-271, §3273(c)(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: "In the case of a violation of paragraph (5) or (10) of subsection (a), the civil penalty shall not exceed $10,000." Subsec. (c)(2)(A). Pub. L. 115-271, §3273(c)(2)(B)(i), inserted "or (D)" after "subparagraph (B)".Subsec. (c)(2)(D). Pub. L. 115-271, §3273(c)(2)(B)(ii), added subpar. (D). 2014-Subsec. (a)(16). Pub. L. 113-260, §3(c)(1), added par. (16).Subsec. (c)(1)(A). Pub. L. 113-260, §3(c)(2)(A), inserted ",(C), or (D)" after "subparagraph (B)".Subsec. (c)(1)(C), (D). Pub. L. 113-260, §3(c)(2)(B), added subpars. (C) and (D). 2010-Subsec. (a). Pub. L. 111-268, §4(4), inserted "For purposes of paragraph (15), if the distributor is temporarily unable to access the list of persons referred to under section 830(e)(1)(B)(v) of this title, the distributor may rely on a written, faxed, or electronic copy of a certificate of self-certification submitted by the regulated seller or regulated person, provided the distributor confirms within 7 business days of the distribution that such regulated seller or regulated person is on the list referred to under section 830(e)(1)(B)(v) of this title." at end of concluding provisions.Subsec. (a)(10). Pub. L. 111-268, §5, inserted "or negligently to fail to self-certify as required under section 830 of this title" before semicolon.Subsec. (a)(15). Pub. L. 111-268, §4(1)-(3), added par. (15). 2006-Subsec. (a)(12) to (14). Pub. L. 109-177, §711(f)(1)(A), added pars. (12) to (14). Subsec. (b). Pub. L. 109-177, §714, inserted ",or ephedrine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of optical isomers of such chemical," after "manufacture a controlled substance in schedule I or II" in introductory provisions. Subsec. (c)(4). Pub. L. 109-177, §711(f)(2), added par. (4). 2002-Subsec. (c)(2)(A). Pub. L. 107-273, §4002(d)(2)(B)(i), substituted "under title 18" for "of not more than $25,000".Subsec. (c)(2)(B). Pub. L. 107-273, §4002(d)(2)(B)(ii), substituted "under title 18" for "of $50,000". Subsec. (c)(2)(C). Pub. L. 107-273, §4002(b)(16), realigned margins. 1998-Subsec. (a)(5). Pub. L. 105-277, §101(b) [title I, §117(1)], inserted "negligently" before "fail". Subsec. (a)(10). Pub. L. 105-277, §101(b) [title I, §117(2)], inserted "negligently" before "to fail". Subsec. (c)(1). Pub. L. 105-277, §101(b) [title I, §117(3)], designated existing provisions as subpar. (A), inserted "subparagraph (B) of this paragraph and" before "paragraph (2)", and added subpar. (B). 1996-Subsec. (a). Pub. L. 104-237, §205(a), added par. (11) and closing provisions. Subsec. (c)(2)(C). Pub. L. 104-237, §205(b), added subpar. (C). 1988-Subsec. (a)(8). Pub. L. 100-690, §6056(a), inserted ",or to use to his own advantage or reveal (other than as authorized by section 830 of this title) any information that is confidential under such section" after "protection".Subsec. (a)(9). Pub. L. 100-690, §6056(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: "to distribute or sell piperidine in violation of regulations established under section 830(a)(2) of this title, respecting presentation of identification."Subsec. (a)(10). Pub. L. 100-690, §6056(d), added par. (10).Subsec. (c)(2)(C). Pub. L. 100-690, §6056(c), struck out subpar. (C) which read as follows: "Subparagraphs (A) and (B) shall not apply to a violation of subsection (a)(5) of this section with respect to a refusal or failure to make a report required under section 830(a) of this title (relating to piperidine reporting)." 1978-Subsec. (a)(9). Pub. L. 95-633, §202(b)(1), added par. (9).Subsec. (c)(2)(C). Pub. L. 95-633, §202(b)(2), added subpar. (C).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111-268 effective 180 days after Oct. 12, 2010, see section 6(a) of Pub. L. 111-268 set out as a note under section 830 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100-690 set out as a note under section 802 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-633 effective Nov. 10, 1978, see section 203(a) of Pub. L. 95-633 set out as an Effective Date note under section 830 of this title.
EFFECTIVE DATESection effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91-513 set out as a note under section 801 of this title.
REPEALSPub. L. 96-359, §8(b), Sept. 26, 1980, 94 Stat. 1194, repealed section 203(d) of Pub. L. 95-633 which had provided for the repeal of subsecs. (a)(9) and (c)(2)(C) of this section effective Jan. 1, 1981.